
DEPAR 




Library open for i 
of books.fronii ll ^. : 



Book 




1 return 



iment of 
3 Libra-^ 
oaent, ot 



1. The use of the I / 

the Interior, who. mi 

rian a tertificatei of xv^^^iavxvj »xw.- — ™ ^ - 

'of the Bureau or Office in Which employed. , 

' 2. Before any book Carl be, tkken ffom the Library if must be submitted 
to the Libi'ariari for proper I'egistry: , ,. . 

3. ^Application for and return (if books mu^ be made m person, except 
in cWs of sickness' or' absence fi*om the, city. . 

4. Books classed as " Works of Reference" ^6r maiiked * In thfe datalogufe 
must not be tak'eti from the Library: , . , ; ,u ^ 

5 No person'wiir be permitted to take moi^e than 6ne bo6k at a time, 
excipt in case 6f Works of more than one volum^ when two volumes may 

be taken at once. ' , , v: v 

' ^ Bo6ks must nbt'be kept longer' than two weeks tinlesfe, u^on applica- 
tion to the Librarian, the loan be renewed.- Only one renewal, lor not 
1 ngef than two weeks, per niitte'd.' JVew bboks will be leaned for one week, 
k id current periodicals for thrfee days, only, without the privilege of re- 

^T.^BorroWers are sttictlj^ prdhibit^d fr6m loahing the boOks drkwn by 
"them, to other persons, whether of the Department or not. ^ . 

8 When a book has been detained beyond the period of loan its price 
Will be cer-tified to the Disbursing Officer atid deducted from the salary ol 
the pei-sorl Withholding it. , ' . , . • a 

9. Book^ returned will not be reissued lintil they have been examined 
Wnd I'eplaced upon the shelves. , 

10 Writing or marking upon* le^vles or cbVers, folding or turning do wii 
leaves, or other ' defacement or injury of books is strictly prohibited. 
Books must be r'eturhed in as g6od condition as when received. Any book 
Injured or defaced While in pos^iessibn of a borrower must be replaced by a 

^^n^^Inlel^ctihg books from the shelves handle carefully and replace thosfe 
bot di^awn upon the shelves from which they were takp. ^ _ 

12. Final payment of 'salary will be withheld by the DiSbufsing Officer 
'from employes quitting the service until he is satisfied that all books 
charged Against them at the libi^kry have been Returned., 
" 13? The Librarian ife authorized to suspend or refuse tlie iSsue of books 
to persons violating ariy of the abciye rules. ' ' ' , i . . . . 
, By' okder or the SECREiARV :, . ^^^^^^ „ ' DAWSON, 




J 



1 

\ 

i 

\ 



r 




i 



/ 



LIFE 



OF THE 



HON. THOMAS MCKEAN, LLD., 

MEMBER OF THE CONTINENTAL CONGRESS FROM DELAWARE, 
CHIEF JUSTICE AND GOVERNOR OF PENNSYLVANIA, 
SIGNER OF THE DECLARATION OF INDE- 
PENDENCE, AND PRESIDENT OF 
CONGRESS. 



COMPILED FOR THE CtENEALOGY OF THE McKEAN FAMILY. 



BY EOBEEDEAU BUCHANAN. 



WITH AN INTRODUCTORY LETTER , 

BY THE 

Hon. THOMAS F. BAYARD, LL.D., 



LANCASTER, PA.: 
INQUIRER PRINTING COMPANY. 
1890. 



Entered according to Act of Congress, in the year 1890, by Robbrdeau 
Buchanan, in the office of the Librarian of Congress, at Washington, 



TO THE 

Hon. Thomas F. Bayaed, LL. D. 



WHOSE DISTINGUISHED SERVICES 
IN THE COUNCILS OF THE NATION AS A SENATOR, 
AND 

AS SECRETARY OF STATE 
OF THE UNITED STATES 

HAVE REFLECTED ESPECIAL HONOR UPON THE StATE OF DELAWARE, 

"The Leading Delegate from Delaware" 

IN 

THE CONTINENTAL CONGRESS, 

18 RESPECTFULLY INSCRIBED, BY HIS OBEDIENT SERVANT, 
THE AXJTHOR. 



-1 — LSS 




INTRODUCTORY CORRESPONDENCE. 



THE AUTHOR TO THE HON. THOMAS F. BAYARD, LL. D. 

Washington, D. C, December 23, 1889. 
To THE Hon. Thomas F. Bayard, LL. D. 
Dear Sir : 

Having in course of publication a Life of the Hon. Thomas 
McKean, LL. D., who for a number of years was the "leading 
delegate from Delaware " in the Continental Congress, and also a 
Signer of the Declaration of Independence ; it would give me 
much pleasure if you will permit me to dedicate the same to you, 
as a slight mark of my appreciation of the services you have in 
later days rendered, in many important positions, not only to the 
State of Delaware, but to our country at large. 

I have the honor to enclose proof pages of the work as far as 
yet printed ; and, with your approbation, will from time to time 
send the succeeding pages as they are received from the printer. 

I have the honor to be, Avith much respect, 
Yours very truly, 

EOBERDEAU BuCHANAN. 



REPLY OF THE HON. THOMAS F. BAYARD. 

Wilmington, Del., March 25th, 1890. 

Dear Sir : 

Since receiving your letter of December 23d, the proof sheets 
of the Life of Thomas McKean, LL.D.,^' have been duly sent 
me, and 1 now congratulate you upon the successful completion 
of your Hbors. 

I accept with pleasure the honor of your dedication, and as an 
American, especially as a citizen of Delaware, I am justly proud 
to be thus associated with the Memorial of a patriot, statesman, and 
jurist, so distinguished as Thomas McKean. 

In this State Mr. McKean commenced his professional and 
public career ; as a Representative of this community he was 
delegated, together with his compatriot, Caesar Rodney, to the 
Stamp Act Congress of 17G5 ; and from tliat time onward until 
American liberty and independence were firmly secured, he wa& 



vi 



INTRODUCTORY CORRESPONDENCE. 



continuously invested with the highest public trusts which the 
people of this State could bestow ; all of which he executed with 
a fidelity and ability which awakened the grateful admiration of 
his constituents, and secured for him the highest popular esteem. 

To him is due the high distinction of serving longer and more 
continuously than any other member of the Continental Congress, 
in the stormy and eventful years of the struggle for our indepen- 
dent National existence. 

To this it may be added that his assiduity was equalled by his 
courage, discretion and ability in the "times that tried men's souls." 

In parliamentary bodies, declamatory vigor and selfish assertion, 
contenting itself with sharp criticism upon the work of others, 
may, and often do, give distinction and sometimes an undeserved 
reputation with the public ; while the patient, self-controlled and 
steady labor that formulates and constructs is recognized and ap- 
preciated only by the "singular few," who quietly take part in 
the real work of State building, and to whom mankind are chiefly 
indebted. 

In this sober class of unselfish and conscientious constructors of 
our republican system, Thomas McKean must be ranked among 
the first. 

As his kinsman and descendant, you have performed a pious 
duty in compiling with simple accuracy, a full and faithful record 
of the life-work of your ancestor; and the picture you have given 
of his private as well as of his public character and career is just 
and true. 

As a citizen, you have done public service in contributing an 
important chapter in the veritable liistory of laying the founda- 
tions of the government whose blessings we now enjoy, and which 
it is the duty of each of us to assist in transmitting unimpaired to 
posterity. I am, dear sir, 

Respectfully and truly yours, 

T. F. Bayard. 

To Roherdeau Buchanan, Esq., 

Washington, D. C. 



f L1BRARY1 
OCT 14 1890 



PEEFACE. 



As a contribution to the Revolutionary history of our country, 
with which his life was so intimately connected in many exalted 
positions during half a century, this biography of the Hon. 
Thomas McKean is given to the public. As originally written, 
it was accompanied by a genealogy of his descendants; but on 
account of the prominent part that Governor McKean bore as 
one of the framers of this government, his biography therefore be- 
comes of interest beyond the limited sphere of a genealogy, and 
is now published separately. 

In the biography of Governor McKean, the author began by 
taking Sanderson's fine biography as a foundation, but soon re- 
jected that plan, and quoted the work with other authors ; he has 
reluctantly been obliged to transpose Sanderson's biography and 
rearrange it so as to place the facts in chronological order, as well 
as to bring together all the writers upon one topic before taking 
up the next. This comparison of various authors has been the 
means of correcting several mistakes in Sanderson which have 
been copied by all succeeding biographers (Appendix II). By 
the use of some extraneous matter, and explanations, have been 
brought into a connected account, several topics that in Sander- 
son's biography seem to have no connection. Minute details, so far 
as accessible, poetry, anecdotes, and other trivial matters often ne- 
glected by the severe historian, hkve been made use of; for it is 
these unimportant matters which make us feel acquainted with 
another, and give a clearer insight into his life and character. 

Of the signing of the Declaration of Independence, — an intri- 
cate subject, which has been discussed by many able men, includ- 
ing Peter Force, Webster, Winthrop, Bancroft, and lastly Judge 
Chamberlain, it is belived that an abstract of all that has been 
written upon the subject is here given. 

Through the courtesy of the Assistant Secretary of State, and 

(vii) 



viii 



PREFACE. 



the other gentlemen, the author has been accorded the especial 
privilege of photographing the original Manuscript Journals of 
Congress in the handwriting of Charles Thomson — an especial 
favor, since these Journals are among the most valuable records in 
the archives of the State Department, and have never before been 
reproduced in fac-simile. Doubtless but few historians have seen 
the originals, since permission from the Secretary of State is re- 
quired even to inspect them ; and trusting to the inaccurate pub- 
lished copies, many writers have been led into error, or else have 
found discrepancies they could not explain. It is hoped, therefore, 
that these fac-similes may help to elucidate matters, that long ago 
should have been made clear. 

Permission to photograph the Journals was given while pages 
39 and 45 of the present work were being set in type ; and merely 
a few verbal changes could be made in the text. It was found 
subsequently that the negatives were too delicate to be photo-lith- 
ographed ; they were consequently reproduced by the Moss process 
in New York. 

The first fac-simile is the Rough Journal, with the Declaration 
of Independence displayed, reduced three-eighths size. Here may 
be seen the wafers attaching it to the page — the names of John 
Hancock and Charles Thomson in print — and at the top of page 
95 of the Journal, the following clauses omitted in the printed 
copies : — 

" Ordered That the declaration be authenticated & printed 
" That the committee appointed to prepare the declar- 

ation superintend & correct the press." 

It will be noticed, that the names of the fifty-six Signers, and 
the clause preceding them in the printed journals, are nowhere to 
be found. Compare the fac-simile with the text opposite. 

The second plate is a portion of the above on a larger size, and 
from a second negative, half size. 

The third plate is the page of the Secret Journal relating to the 
engrossed declaration, half-size ; the interlineation is plainly seen. 
By comparison with the printed journal, the latter will be found 
faulty in the kind of type used, as well as in spelling. 

Several offices and appointments held by Governor McKean, 
and other facts not heretofore mentioned in his biographies, are 



PREFACE. 



ix 



here given ; and at the cost of some repetition, the numerous 
estimates of Governor McKean's character, by various authors, 
have all been inserted ; but scattered through the biography to 
avoid weariness to the reader. An apology may be due for the 
long accounts of the impeachment trials, of Mr. McKean's seat in 
Congress, and perhaps some other portions that may appear tedious. 
They are retained here, hoping to make this biography of Gov- 
ernor McKean a standard, wherein may be found, in full, all in- 
formation that is known of him and that has appeared in print. 

To tlie Hon. William F. Wharton, Assistant Secretary of State, 
and to Frederick Bancroft, Esq., Chief of the Bureau of Rolls and 
Library, the author is especially indebted for their concurrent 
permission, to photograph the manuscript Journals of Congress, 
for copies of letters, and for much other information officially fur- 
nished from the Departrrent records. And in no less degree is 
the author indebted to S. M. Hamilton, Esq., of the Bureau of 
Rolls and Library, for facilities in making the above mentioned 
photographic negatives ; and also for opening to the author's in- 
spection not only the original Articles of Confederation, but also 
numerous letters and papers of the revolutionary period, in the ar- 
chives of the Department, and for much information, unofficially 
and very cordially given. 

Washington, D. C, November^ 1889. 



COI^TEjS'TS. 



PAGE 

Dedication to the Hon. Thomas F. Bayard iii, v 

Life of Governor Thomas McKean, LL.D 13 

Studies law 13 

The Delaware Assembly 15 

His Marriage ; Borden Family 15 

Minor appointments 17 

Stamp Act Congress, 1765 — a member 18 

Minor offices — anecdote 19 

Speaker of House of Assembly 20 

Second Marriage 21 

Continental Congress, 1775 21 

Committee of Inspection and Observation, and the Associators 

in Penn , 24 

Resolution of the 15th of May, and Public Meeting of May 

20, 1776 26 

Convention of Deputies at Carpenter's Hall, 1776 ...... 28 

The Declaration of Independence 29 

McKean's services in favor of it, secures a unanimous vote . 30 



How signed ; Conflicting statements of McKean, Jefferson and 
Adams ; Opinions of recent authors — Force, AYebster, ^Yin- 
throp, Frothingham, Bancroft, Lossing, Chamberlain, and 
others ; The Journals of Congress, fac-similes of the origi- 
nals ; The Declaration not signed by any one on July 4, 1 7 76. 31 
The engrossed Declaration ; The Secret Journals of Congress : 
Fac-simile of one page; Signed Aug. 2, 1776; Anecdotes 
at signing ; McKean the last one to sign ; Omission of his 



name in print ; Early copies — fac similes 45 

War measures, July, 1776 49 

Public meetings 50 

Constitution of the State of Delaware ; Written by Mr. Mc- 
Kean in one night; Mr. Read's claim not established .... 51 

Chief Justice of Pennsylvania, 1777 64 

Noted cases 57 

. Anecdotes — Andre's Dream, Poetry, etc 61 

President of the State of Delaware, 1777 63 

Articles op Confederation; McKean one of the committee ; 64 

A historical discrepancy 65 

Difficulty with General Thompson 67 

Public Meeting, May 24-25, 1779 67 

High Court of Errors and Appeals 68 

Judge McKean's residence 69 

President of Congress, 1781 70 

Three remarkable incidents in McKean's life 72 

Publishes the Laws of Pennsylvania 73 

(xi) 



xii 



CONTENTS. 



PAGE 



Convention to ratify the Constitution of U. S., 1787; McKean 

moves to ratify . 74 

Case of Oswald and attempt to impeach the Supreme Court ; 

Chief Justice McKean's judgment on contempts 77 

Pennsylvania Constitutional Convention, 1789 79 

Minor matters 79 

Commentary on the Constitution by McKean and "Wilson ... 81 

Commotions caused by Jay's Treaty 81 

A Presidential Elector 82 

Heated Political Affairs ; Peter Porcupine's Lawsuits 82 

Governor of Pennsylvania, 1799; McKean's 1st election ... 85 
His election opposed by Cobbett ; McKean's election the first 

triumph of the Democratic party 85 

McKean takes the oath of office ; His removals from office — 
not only for political purposes, but for the good of the State; 

Cobbett's remarks 88 

McKean's 2d election ; Conflicts with the Legislature ; Anec- 
dotes , . . . . 93 

Solicited to become candidate for Vice President of U. S. ; 
Declined ; His election greatly attributed to the election of 

Jefferson to the presidency 95 

McKean's 3d election; Virulent party feeling; Impeachment 
proceedings ; The charges purely political : The attempt 
fails ; McKean's vigorous Replication ; He refutes all the 

charges 96 

Close of his terra of office ; Retires to private life 106 

Fears of a British Invasion, 1814 : Presides at a town meeting. . 107 

Honorary degrees, diplomas, honors, etc 108 

His death and funeral ; Noble tribute by his former opponent, 

Duane 110 

His Life and Character; John Adams' tribute 113 

His Will and seal thereto 115 

Coat of Arms, probably none 116 

List of Portraits, Historical Paintings and Engravings .... 118 

McKean's Autograph and Letters 121 

Bibliography 123 

Conclusion — His Children 123 

Appendices. 

I. List of works containing biographies of Thomas McKean . 125 
II. List of Mistakes and Discrepancies in books and public 

records 129 

Addenda and Corrigenda 131 

Index of Principal Subjects 133 



THOMAS McKEAN. 



The subject of this biography^ was the son of William 
McKean and Letitia Finney, of Scotch-Irish ancestry. He 
was born in New London township, Chester county, Pennsyl- 
vania, March 19, 1T34, old style. x\fter an elementary in- 
struction in reading, writing and arithmetic, Thomas and his 
elder brother Robert were, at the ages of nine and eleven 
years respectively, placed under the tuition of the Rev. Francis 
Allison, I). D., a man of character and reputation. 

STUDIES LAW. 

After passing through the regular course of instruction here, 
and acquiring a knowledge of the practical branches of mathe- 
matics, rhetoric, logic, and moral philosophy, Thomas went to 
Newcastle in Delaware, and entered the office of his relative 
David Finney, as a law student. Some months after, he en- 
gaged as clerk to the prothonotary of the Court of Common 
Pleas; a situation which enabled him to learn the practice 
while he was studying the theory of the law. 

So great was the reputation that Mr. McKean acquired in 
his youth by his industry and talents, that before he had at- 
tained the age of twenty-one years, he was admitted^ as an 

^The basis of this biography is Sandersoyi's Biography of the Signers^ 2d 
edition, Philadelphia ; published by Brown and Peters, 1828. Robert Wain, 
Jr., is the author of many of the biographies in Sanderson, including that 
of Thomas McKean. The author is much indebted to Sanderson's Lives, 
yet the extracts from that work form but a small portion of the pres- 
ent biography, in which are quotations from about two hundred other 
works. Several mistakes in Sanderson are here corrected. Robert Wain, 
Jr., above mentioned, was the son of Robert Wain, of a Quaker family, 
member of Congress 1798-1801, and was born in 1797. He was an author 
and poet, and died at an early age in 1824. 

M754, J. Hill Martin, Bench and Bar of Philadelphia, 1883, and Pcnn. Mag., 
v., 489. 

2 (13) 



14 



McKEAN FAMILY. 



attorney at law in the Courts of Common Pleas for the counties 
of Newcastle, Kent, and Sussex, and also in the Supreme 
Court. Before the expiration of a year he obtained a con- 
siderable share of business, and in May, 1755,^ was admitted to 
practice in the courts of his native county of Chester. He was 
also admitted to the courts of the city and county of Phila- 
delphia. In 1756, the Attorney-general, who resided in 
Philadelphia, appointed him, not only without any solicitation, 
but without any previous knowledge on his part, his deputy, to 
prosecute the pleas of the crow^n in the county of Sussex. He 
resigned this office after performing its duties for tw^o years 
with judgment and ability. In 1758,""^ April 17, he was ad- 
mitted to the bar of the Supreme Court of the province of 
Pennsylvania. The envy which the success of the young 
lawyer occasioned aniong his professional brethren, merely 
served as an additional spur to his industry, and increased his 
assiduity in the pursuit of legal knowledge ; for though he had 
become the eloquent advocate and able lawyer, he was still the 
close and industrious student.^ He afterwards went to Eng- 
land and studied at the Middle Temple, being admitted there 
May 9,1758.*^ 

As a recreation from his studies, in 1757, December 28, Mr. 
McKean enrolled himself with about one hundred and twenty- 
five others ''in Richard Williams' company of foot, whereof 
William Armstrong is colonel, in Newcastle county. "° In the 
same year he was elected clerk of the House of Assembly, an 
honor of which he was unapprised until he received informa- 
tion of his appointment from Benjamin Chew, at that time 
speaker. The following year he was again elected ; but after 
serving that -term he declined further appointment. In 1762, 
he was selected by the legislature, together with Caesar Rodney, 
to revise and print the laws passed subsequent to 1752; a duty 
which they speedily and satisfactorily executed. 

1 Penn. Mag., v., 139, 244, 489, xi., 249 ; and Hist. Chester, Del. Co., J. Hill 
Martin. Not 1756, as given in Sanderson. 

^ Penn. Mag., v., 489, and Bench and Bar ; not 1757, as in Sanderson. 
' Judson's Lives. 

^Penn. Mag., v., 244-5, 489; xi., 249 ; Bench and Bar, p. 22. 
^ The original paper in possession of J. Henry Rogers, Esq. See also 
Life of George Read., W. T. Read, p. 48. 



THOMAS McKEAN. 



15 



THE ASSEMBLY OF DELAWARE. 

In the same year Mr. McKean first embarked in the stormy 
sea of politics, which he continued to brave for nearly half a 
century. In October, 1762, he was elected a member of the 
Assembly from the county of Newcastle, and was annually 
returned for seventeen successive years. So much attached to 
him were the people of that county, that they continued to 
elect him, although for the last six years of this time he was 
residing in Philadelphia. He still however retained his house 
in Newcastle, probably because his business frequently called 
him to that city. Finally, on the 1st of October, 1779, on the 
day of the general election in Delaware, he attended at New- 
castle, and in an address to his constituents, declined the honor 
of further re-election. He was then waited upon by six gentle- 
men in the name of the electors, who asked him to name seven 
persons suitable for representatives. He replied that he knew 
not only seven, but seventy, whom he considered worthy of 
their votes ; but the request being repeated, he acceded and 
wrote down seven names. The election resulted in the choice 
of the seven gentlemen w4iom he had named. 

HIS MARRLIGE. 

On Thursday the twenty-first of July, 1763,^ Mr. McKean 
was married to Miss Mary Borden, eldest child of Col. Joseph 
Borden, of Bordentown, New Jersey. She and her sister 
Ann, who married Francis Hopkinson, were said to be two of 
the most beautiful ladies in New Jersey.^ Of her family and 
ancestry. I have found as follows : 

THE BORDEN FAMILY.^ 

Richard Borden, born 1601, married Joan (born 1604; 
died July 5, 1688), settled with his wife in Portsmouth, R. I. 
He purchased land in New Jersey in 1667, and died May 25, 
1671, leaving with other children: 

Benjamin, born in May, 1649, at Portsmouth, R. I. He 

* Not July, 1762, as stated in Sanderson's Lives. 
' E. M. Woodward, in Bordentown Register. 

'Compiled from Savage's Genealogical Diet, of First Settlers; Gen. Diet, 
of R. I., John 0. Austin, 1887; JJist. Burlington and Mercer Co5., E. M. 
Woodward and John F. Hageman ; Hist. Bordentown and Burlington, in Bor- 
dentown Register, 1876, E. M. Woodward ; Keith's Provincial Councillors, 
1883, p. 269. 



16 



McKEAN FAMILY. 



was raarried at Hartford, Ct., September 22, 1671,^ to Abi- 
gail Glover, born 1653^ (daughter of Henry Glover, of Hart- 
ford, Ct., born about 1614; died 1689, and of Abigail his 
wife), and removed to Shrewsbury, N.J. In 1716, he deeded 
lands to his son Joseph, of Freehold. His Bible record is con- 
tained in a Concordance of the Holy Scriptures, etc., 1698, 
now in possession of Oliver Hopkinson, Esq., of Philadelphia. 
On the fly-leaf is written " Benjamin Borden, His book, 1706." 
and below, "Abigal Borden died 8 of Geneyery in 66 year of 
her age and year of our Lord 1720." The date of his mar- 
riage, and birth and death of his son Joseph, are verified as 
here given in the text. Benjamin Borden died in 1718 or 
later, leaving eleven children, of whom the seventh child was: 

Joseph, born May 12, 1687, probably near Freehold, and 
when about thirty years of age removed to Tamsworth's 
Landing. He was married about the year 1717 to Ann Cono- 
ver (formerly Covenhoveri'), of Monmouth county, New Jer- 
sey. By deed, March 3, 1724, he purchased of Samuel Tarns- 
worth one hundred amd five acres of land, and subsequently 
more, and eventually owned the whole site of Bordentown. 
He was thus possessed of very considerable means, and founded 
and named the town of Bordentown. His wife died March 11, 
1744-5, in her 58th year. He died September 22, 1765, 
leaving one son and six daughters. His will is recorded in the 
office of the Secretary of State at Trenton, N. J. His son — 

Colonel Joseph Borden, born August 1, 1719, was a patriot 
of the Revolution. He was a member of the Stamp Act 
Congress of 1765 ; a member of the first New Jersey Con- 
vention at New Brunswick, July 2,1774; one of the Com- 
mittee of Observation of Burlington county, February, 1773; 
entered the army as Colonel of the 1st New Jersey Regiment, 
and became Colonel and Quartermaster of the State troops ; 
Judge of the Court of Common Pleas, September 11, 1776 ; 
reappointed September 28, 1781. He was a man of note in 
his locality, and during the war his fine house was burned by 
the British.^ He was married September 22, 1743, to Eliza- 
beth Rogers,* who was born at Allentown, July 10,1725; 

^ Gen. Diet, of R. I. gives the year wrongly, 1670. 

^ According to the Borden Record, Savage is wrong in giving this date 
1651. 

^ Penn. Mag.^ ix., 435. 

* From Robert McKean's family Bible, in possession of Mrs. Ann McKean 
Kerr, which is verified (as to this name) by the will of Mrs. Rogers, recorded 



THOMAS McKEAJf. 



17 



(daughter^ of Samuel and Mary Rogers. An old pedigree on 
a modern sheet of legal foolscap, found between the leaves of 
the old Borden Record above quoted, states that Samuel Rogers 
was born ^1692, died September 17, 1756; his wife, born 
1690, died April 14, 1738, and verifies the dates of the 
daughter's birth and death here given from other sources.) 
Mrs. Borden died November 2, 1807. Judge Borden died 
April 8, 1791. His will is recorded at Trenton, N. J. His 
issue :^ 

i. Mary, b. July 21, 1744, married July 21, 1763, Thomas McKean, 

Signer of the Declaration of Independence. 

ii. Ann, b. Jan. 24, 1745-6, d. June 9, 1746. 

iii. Ann, b. May 9, 1747, married Sept. 1, 1768, Francis Hopkinson, 

Signer of the Declaration of Independence, and left 
issue. 

iv. Amy, b. Oct. 30, 1749; d. Aug. 31, 1751. 

V. LihJTiTiA, b. July 29, 1751 ; d. Jane 30, 1753 N. S. 
vi. Joseph, b. June 23, 1755 ; m. Nov. 26, 1778, Mary Biles, daugh- 
ter of Langhorn Biles, and d. Oct. 16, 1788, leaving 
one child, Elizabeth, b. Nov. 13, 1779. 

MINOR APPOINTMENTS. 

In 1764, Mr. McKean was appointed one of the three trus- 
tees of the Loan Office of Newcastle county, for four years ; 
which trust was renewed in 1768 and 1772 (1769, June 16^. 
This species of loan was one of the most happy expedients for 
the encouragement of industrious settlers in a new country, 
and for the improvement of lands, that was ever invented. 

On the 10th of July, 1765, he was appointed by the Gov- 
ernor, John Penn, sole notary, and tabellion public, for the 
lower counties on the Delaware ;* and in the same year was 
appointed justice of the peace and justice of the court of 
common pleas and quarter sessions, and of the orphans' 
court for the county of Newcastle. In the November term of 
1765, and February term of 1766, he sat on the bench, and 
directed that all officers of the court should make use of im- 
stamped paper in their several duties ; and it is believed that 

at Mt. Holly, N. J.; in which she mentions her brother Isaac Rogers. 
E. M. Woodward, in the Hist. Burlington and Mercer Co.'s, is wrong in stat- 
ing that this Joseph Borden married a daughter of Marmaduke Watson, 
lie also states wrongly the first of the family, Benjamiji instead of Richard. 

1 Keith's Provinc. Counc, 1883, p. 269. 

2 Robert McKean's Family Bible. 

^ Penn. Archives, 2d series, Wm. H. Egle, ix., 643, et seq. 

* Original in possession of J. Henry Rogers, Esq., of Newcastle, Del. 



18 



McKEAN FAMILY. 



this was the first court in the colonies that established such an 
order. 

MEMBER OF THE STAMP ACT CONGRESS AT NEW YORK. 

The passage of the Stamp Act in 17(35 aroused a storm of 
indignation throughout the colonies. Had its measures been 
carried out, it would have been ruinous to their prosperity. 
"The sun of liberty is now set," said Charles Thomson, "you 
must light up the candles of industry and economy." To 
avert the threatened evils of this act, the legislature of Mass- 
achusetts proposed to the other colonies to appoint delegates 
to a general congress, who might consult together, and in a 
dutiful and loyal manner, represent the condition of affairs to 
the king and parliament. To this distinguished body Thomas 
McKean was elected a member from the three lower counties 
on the Delaware. His father-in-law. Col. Joseph Borden, was 
a member from New Jersey.^ It met in New York, October 
7, 1765, and brigadier Timothy Ruggles was elected presi- 
dent. James Otis, of Massachusetts, was one of the most 
prominent delegates, and Thomas McKean and Caesar Rodney 
pillars of the cause from Delaware.^ The congress passed a 
Declaration of Rights, and appointed three committees to 
prepare addresses to the king, the lords, and the commons; 
the latter committee was composed of Thomas Lynch, James 
Otis, and Thomas McKean.^ The congress was dissolved on 
the 24th of October. A few of the members were suspected 
of being inimical to its designs, or of wishing to ingratiate 
themselves with the British ministry; and on the last day of 
the session, when the business was concluded, the president 
and three or four timid members refused to sign the proceed- 
ings. Mr. McKean then rose and addressing himself person- 
ally to the president, stated that as he had made no Objections 
to the proceedings, he should now state his reasons for refusing 
to sign the petition. The president replied that he did not 
consider himself bound to state his objections ; but upon being 
pressed by Mr. McKean and others for an explanation, he 
finally stated that "It was against his conscience. '''' Mr. 
McKean now rang the changes on the word conscience so long 
and loud, that a plain challenge was given and accepted in 

^ A list of delegates is given in Lossing's Field Book of the Revolution, 
1860, i., 465. 

^ Rise of the Republic, Richard Frotliingham, 1872. 
3 Ibid., and Life of James Otis, William Tudor, 1823. 



THOMAS McKEAN. 



presence of the whole congress ; but the president, who, how- 
ever, had no more courage to fight a duel than he had to sign 
the proceedings, departed from New York the next morning 
before dawn of day/ He afterwards joined the British, and 
fought against the colonies.^ 

Mr. Ogden, speaker of the house of Assembly of New Jer- 
sey, also refused to sign, although solicited by Mr. McKean 
and others in private. He at the same time desired to conceal 
his action from the people of New Jersey, who were zealous 
for the cause of America ; Mr. McKean however would promise 
nothing more than not to mention the matter as he passed 
through New Jersey, unless the question was put to him. The 
question was asked in several different towns, and Mr. McKean 
stated the matter without hesitation. The speaker was burned 
in effigy in his town, and at the next meeting of the Assembly 
was removed from the office of speaker. 

Upon reporting to the Assembly at Newcastle, Mr. McKean 
and Mr. Rodney received a unanimous vote of thanks of that 
house for their services. 

Mr. McKean, writing to John Adams, 13th of June, 1812, 
mentions that he is the only survivor of the Stamp Act Con- 
gress.^ 

MINOR OFFICES. 

During the next year, 1766, Mr. McKean was licensed by 
the governor of New Jersey, upon the recommendation of the 
judges of the supreme court, to practice as a solicitor in 
chancery, attorney-at-law and councillor, in all the courts of the 
province. On the 28th of October, 1769, he was appointed 
justice of the peace for the province of Pennsylvania, and re- 
appointed April 10, 1773, and October 24, 1771.* 

Of Mr. McKean's ability as a lawyer, and his ingenuity in 
the defense of a client, an illustration is given by a distinguished 
member of the Philadelphia bar, David Paul Brown, in his 
work, The Forum (ii. 339). 

In ci suit brought by Myers Fisher, a lawyer of note, against 
a person by the name of Buncom, in Chester court, for slander, 
in the year 1774, the defamation having been clearly made out, 

^ Sanderson. 

'Lossing's Field Book of the Revolution, 18G0, i., 4G5. 

^Adaiiis Works, x., 14. 

*Pen7i. Archives, 2(1 series, ix., 643 et seq. 



20 



McKEAN FAMILY. 



Mr. McKean called some scores of witnesses, not to deny the 
slander, but to show that his client was such a notorious liar 
that no man in the county believed anything he said, and that 
therefore no damages could possibly have been sustained by 
the plaintiff. And so the jury found. 

The early settlements upon the Delaware having been made 
under the dominion of a government and courts sitting at New 
York, it eventually became very inconvenient to consult the 
original records ; hence Mr. McKean was selected by the As- 
semby in 1769, to proceed to New York, and there obtain 
copies of all documents relating to real estate in the Delaware 
counties, prior to the year 1700. This duty he satisfactorily 
performed, and the copies thus procured were established by law 
as of equal authority with the original documents.^ In 1771 
he was appointed by the commissioners of his majesty's customs, 
collector of the port of Newcastle. 

SPEAKER OF THE HOUSE OF ASSEMBLY. 

In October 1772, Mr. McKean was unanimously elected 
Speaker of the House of Assembly of Delaware. He writes 
to Mr. Adams that he was unanimously elected, although only 
six of the members were Whigs.* 

The "Tea Act," so known, which went into effect a year 
later, aroused more indignation than the Stamp Act. The Del- 
aware House of Representatives referred the matter to a com- 
mittee, of whom Mr. McKean was chairman. The committee 
reported October 28, 1773, recommending a committee of cor- 
respondence of five members, which report was adopted, and 
Colonel Rodney the speaker, George Read, Thomas McKean, 
John McKinly, and Thomas Robinson, were chosen to be "A 
Committee of Correspondence and Communication." On De- 
cember 16th of this year, the tea was thrown overboard in 
Boston.^ When the Boston Port Bill was passed in March, 
1774, closing the port of Boston, the colonies sent aid for the 
sufferers in that city. The Delaware letter was signed by 
Caesar Rodney, Thomas McKean, and GeorgeRead.* And at a 
meeting of citizens held at Newcastle, June 29, 1774, a com- 
mittee of thirteen was appointed to solicit contributions for the 

^Armor's Lives of Governors of Penn., 1872. 
2 Works of John Adams, C. F. Adams, x., 82. 
sScharfs Mist. Bel, 1888, i., 215. 
*Frothingham, Rise of the Republic, p. 387. 



THOMAS McKEAN. 



21 



sufferers, among the members being Thomas McKean, George 
Read, and John McKinly.^ 

SECOND MARRIAGE. 

About this time, Mr. McKean met with a serious affliction 
in the death of his wife, on Friday, the 12th of March, 1773,^ 
at half-past eleven o'clock, in the 29th' year of her age, leav- 
ing two sons and four daughters, one of the latter being an 
infant two weeks old. A notice of her death appears in the 
Pennsylvania Gazette of March 17th. She was buried on 
the Sunday following, in the burial ground of Immanuel Church, 
Newcastle.* A crayon likeness of Mrs. McKean is in pos- 
session of Mrs. Sarah P. Wilson, of Philadelphia. 

Not long after this event, either in the same year or more 
probably in the following year, Mr. McKean removed his resi- 
dence to Philadelphia, although he also retained his house in 
Newcastle. 

On Saturday, September 3d, 1774,^ Mr. McKean was mar- 
ried a second time, to Miss Sarah Armitage, of Newcastle. 
They were married by the Rev. Joseph Montgomery,^ who 
was, as I have ascertained, pastor of the First Presbyterian 
Church at Newcastle, from 1765 to 1777. No records of that 
church are now in existence prior to 1842. 

THE CONTJNENTAL CONGRESS. 

The political troubles of the colonies had been increasing to 
such an extent, that a correspondence naturally arose among 
the leading and influential characters throughout the continent; 
public meetings were held in various places, and it was finally 
agreed to call another general congress of the colonies to meet 

^ Life of Geo. Read, W. T. Read ; the name wrongly spelled McKinley. 

'Not February, 1773, as stated in Sanderson's Lives. 

'Gov. Mf'Kean's Bible record, in possession of H. P. McKean, Esq. 

Mbid. 

5 Ibid. Not Thursday, as given in Sanderson. Gov. McKean's record, 
however, does not give the day of the week to this date. 
•Ibid. 

'I regret that I have been unsnccessful in finding anything about her 
family or history. None of tlie name now live in Newcastle ; an old resi- 
dent there tells me that he knows nothing of the name. The church 
records are also defective or destroyed. 



22 



McKEAN FAMILY. 



in Philadelphia on the first Monday in September, 1774/ 
The three Delaware counties met in convention, August 1, 
1774, of which Mr. McKean was a member from Newcastle 
county. The credentials of the Newcastle delegates were 
signed by Thomas McKean, chairman of the county committee. 
This convention'^ elected Caesar Rodney, Thomas McKean and 
George Read as their delegates to Congress. " Thomas Mc- 
Kean," says Bancroft, '^was the leading delegate from Dela- 
ware,"^ and on the 5th of September, took his seat in this au- 
gust assemblage, of which he became an invaluable ornament, 
and from that day his country claimed him as her own.* San- 
derson states that he was annually elected a member until the 
first of February, 1783, and is the only member who served 
from its opening until after the preliminaries of peace of 1783 
were signed. He was, however, not a member during 1777. 
The delegates produced their credentials and took their seats 
at very irregular times, and twice the state was not represented. 

The Journals of Congress (Way and Gideon, 1823), show 
that the Delaware delegates took their seats as follows: 

i. 1. Sept. 5, 1774. Caesar Rodney, Thomas McKean and 

George Read are delegates at the opening of Con- 
gress. 

50-2 May 10, 1775. C. Rodney, Thomas McKean, George 
Read. 

568. Dec. 2, 1776. George Read, John Dickinson and 
John Evans. (George Read appears to have been 
rather opposed to McKean politically. In Sander- 
son's Life of Caesar Rodney, it is stated that about 
this time the royalist party and the lukewarm in the 
lower counties contrived to come into a majority for 
a while, "and one of their earliest acts was to remove 
Mr. Rodney and Mr. McKean, two delegates who 
had in every instance shown themselves the uncom- 
promising friends of liberty.") 

ii. 22. Jan. 24, 1774. No delegates from Delaware. The 

President directed to inform the State. 
73. April 4, 1777. George Read, Nicholas Van Dyke, 
and James Sykes. 
368. Aug. 15, 1777. No delegates from Delaware. The 
President directed to inform the State. 

1 It met at Carpenter's Hall, dissolved itself in October, met May 10, 1775, 
in the State House. — Reminiscences of Carpenter's Uall. 

'See Birth of the Republic, Daniel W. Goodloe, 1889, p. 234. 
*Hist. U. S., viii. 75. 
* Sanderson' s Lives. 



THOMAS McKEAN. 



23 



423. Jan. 30, 1778. Caesar Rodney, Nicholas Vandyke^ 
and Thomas McKean. 

iii. 19. Aug. 15, 1778. Mr. McKean attended and resumed 

his seat. 

427. Jan. 27, 1780. Mr. Vandyke produced his creden- 
tials. 

581. Feb. 26, 1781. Mr. McKean attended and pro- 
duced the credentials of the delegates from Dela- 
ware (names not given). 

581. Feb. 27, 1781. Mr. Rodney attended and took his 
seat. 

592. March 2, 1781. Congress reorganized under the 
Articles of Confederation. All the delegates' 
names are entered on the Journal. From Dela- 
ware, Thomas Rodney and Thomas McKean. 

651. July 26, 1781. Mr. Vandyke attended. 

714. Jan. 28, 1782. Mr. T. Rodney and Mr. McKean 
attended and took their seats. 

718. Feb. 14, 1782. Mr. McKean produced the creden- 
tials of Thomas McKean, Philemon Dickinson, 
Caesar Rodney and Samuel Wharton, delegates 
for the present year. 

725. Feb. 25, 1782. Mr. Wharton attended and took 
his seat. 

iv. 172-3. March 10, 1783. Eleazer M'Comb and Gunning 

Bedford appeared and produced the credentials 
of Caesar Rodney, James Tilton, Eleazer M'- 
Comb and Gunning Bedford, delegates from 
Delaware, elected February 1, 1783. 
The term of service of Thomas McKean here ends. 

On the 20th of October, 1774, Congress, as a retaliatory 
measure, entered into a "non-importation, non-consumption, 
and non-exportation agreement or association," signed by fifty- 
three members, including Thomas McKean and George Read, 
of the lower counties.' 

Soon after taking his seat, Mr. McKean was appointed 
one of the committee to state the rights of the colonies, the 
various ' Instances in which those rights had been violated, 
and the means most proper for the restoration of them ; 
also on hearing and determining appeals in libel cases in 
the Court of Admiralty ; besides other less important com- 
mittees. He was, however, particularly useful in conducting 

*A variation in spelling will be noticed. 

^ Birth of the Republic. D. W. Goodloe, 1889, p. 80-5. Facsimiles of sig- 
natures may be found in J. J. Smith's Am. Hist, and Lit. Curiosities, pi. liii. 



24 



McKEAN FAMILY. 



negotiations of the Secret Committee, charged with procur- 
ing arms and ammunition from abroad; and in managing 
the monetary affairs of the new nation ; two of the most im- 
portant and difficult subjects with which Congress had to deal.^ 
But the most important committee of all was that appointed 
June 12, 1776, to prepare the Articles of Confederation be- 
tween the colonies, which will be recurred to in its proper place. 
Of his subsequent services, it is mentioned in the papers of 
James Madison,^ that Mr. McKean proposed a conditional ex- 
change of Cornwallis for Col. H. Laurens, on condition that a 
general cartel should be acceded to ; and that he advocated 
coercion towards Vermont by moving to postpone the report of 
a committee in the matter, to make way for a set of resolutions, 
declaring Vermont in contempt of the authority of Congress, 
in exercising jurisdiction over certain persons professing alle- 
giance to New York, that Vermont be required to make resti- 
tution for property taken from them, and in the event of refusal, 
Congress to enforce it ; and, on the part of Delaware, he in- 
sisted on an equality of representation among the States. 

THE COMMITTEE OF INSPECTION AND OBSERVATION, AND THE 
ASSOCIATORS. 

In the troublous times now approaching, the people through- 
out the colonies elected Committees of Inspection and Observa- 
tion, Committees of Correspondence, Committees of Safety, 
etc., and enrolled themselves in military organizations. 

The Committees of Correspondence^ were chosen during the 
winter of 1773-4 by the several Assemblies, upon recommen- 
dation of the House of Burgesses of Virginia. Thomas McKean 
was one of the Delaware Committee, as related on a previous 
page. The Philadelphia Committee of Inspection and Cor- 
respondence, consisting of forty-three members, was appointed 
June 18, 1774. A new committee of sixty-seven members for 
the city, and forty-two for the county, was appointed in May, 
1775, but Mr. McKean's name does not appear in these lists;* 
and it is not known when he joined. This is certain, however, 
that he did join, for he was a member in November 1775 or 

1 Armor's Lives of the Govs, of Penn. 

2 Purchased by Congress, and published by Henry D. Gilpin, 1841, pp. 
187-99, 206-14-20, 751-2. 

^See Frothingham on this subject, p. 312 et seq. 
*Scharf and Westcott, 1, 289-92. 



THOMAS McKEAN. 



25 



earlier, and subsequently became chairman. It may be con- 
jectured that as Delaware was in a measure considered " the 
Three Lower Counties of -Pennsylvania," the Delaware Com- 
mittees was merged in with the Philadelphia Committee. 
There were six sub-Committees of Inspection and Observation 
in Philadelphia.^ 

The Committee of Safety in Pennsylvania was constituted by 
the Assembly June 30, 1775, composed of some of the most 
prominent men in the colony ; Henry Wynkoop, Anthony 
Wayne, Edward Biddle, Thomas Willing, Benjamin Franklin, 
Daniel Roberdeau, John Cadwallader, Robert Morris, Thomas 
Wharton, and others, in all twenty-five, of whom seven con- 
stituted a quorum. 

As early as May 1, 1775, a list was made out of persons in 
the middle ward of Philadelphia, (lying west of Fourth street, 
and between Market and Chestnut streets,) "able and willing to 
bear arms," in which appears the name of Thomas McKean.* 
Under this date the roll call of Captain John Little's com- 
pany, 2d battalion" gives about seventy-four names, among 
whom Daniel C. Clymer is first lieutenant, and Thomas McKean 
one of the privates, chiefly enrolled from the middle ward of 
the city.^ 

The military organization in Pennsylvania called itself the 
Associators ; and being at first voluntary, became afterwards 
compulsory. They were governed by a board of officers, and 
a board of privates. Of the former Colonel Daniel Roberdeau 
of the 2d battalion was elected president. Their Code of 
Rules was approved by the Council of Safety ; and soon after, 
on the 8th of November, 1775, was enforced by the Assembly, 
in an act enrollino; all white males between the aojes of sixteen 
and fifty, fining those who would not bear arms. While this 
bill was pending, the Quakers, a large and influential body in 
Pennsylvania — a majority of whom were Tories — protested 
against its passage.* To neutralize the eff'ect of this, the Com- 
mittee of Correspondence directed Thomas McKean, George 
Clymer, Jonathan Bayard Smith, Benjamin Jones, Sharpe 
Delaney, John Wilcox, and Timothy Matlack, to prepare a re- 

^ Scharf and Westcott, i, 290-3. 

^ Hist. Berks and Lebanon Cos., Pa., I. D. Rupp, 1844, p. 401, quoting 
the papers of Col. D. C. Clymer. 

'MSS. of D. C. Clj'mer. See Genealogy of the Roberdeau Family, pp. 66, 
130. 

* Genealogy of the Roberdeau Family, 1876, p. 60-1. 



26 



McKEAN FAMILY. 



monstrance, and with it the committee marched to the State 
House/ The board of officers, through its chairman Colonel 
Daniel Roberdeau, likewise presented a remonstrance to the 
Assembly. 

About May, 1776, two more battalions were added to the 
Associators ; the 4th, Colonel Thomas McKean, and the 5th, 
Colonel Timothy Matlack, with Daniel C. Clymer as lieutenant 
colonel.'^ 

RESOLUTION OF THE 15TH OF MAY, AND MEETING OF 
MAY 20TH, 1116. 

The disagreement between England and the colonies con- 
tinued to increase ; the king and ministry made no reply to 
overtures of reconciliation that had been made by the colonies, 
until at last, weary of vain efforts. Congress, on the 15th of 
May passed an important act — the first of a scries of events, 
which culminated in the Declaration of Independence — recom- 
mending to the Colonies, that where no government sufficient 
to the exigencies of their affairs had been established, to adopt 
such government, and that all authority under the crown should 
be suppressed, and all powers be under the authority of the 
people. Some members in Congress opposed this, but Mr. 
McKean was strongly in favor, and said, " that the step must 
be taken, or liberty, property and life be lost.""'' 

On the 23d, an address signed by William Hamilton, chair- 
man, asked the Assembly to adhere to its instructions to the 
Pennsylvania delegates in Congress against independence. 
To oppose the influence of this petition, the next day the 
Committee of Inspection and Observation came together, 
with Mr. McKean as chairman, and addressed a memorial 
directly to Congress, that the Assembly did not possess the 
confidence of the people.* 

" Pennsylvania Avas now fairly alive with the idea of independ- 
ence. Nowhere had the question been more thoroughly discussed 
than in its press, and nowhere was the "opposition more strongly 
intrenched, for it had on its side the proprietary government. 
The tories could point to the instructions of the Assembly as 

ilbid., and Scharf and Westcott, Hist. Fhila., p. 302. 

2 Scharf and Westcott, p. 301, and Penn. in War of Rev., W. H. Egle, 1887, 
i, 556. Thos. McKean is, however, referred to as colonel as early as April 
22, 1116.— Col. Rec, x., 548. 

3 Bancroft, Hist. U. S., 1860, viii, 368, 
* Ibid., viii, 386-7. 



THOMAS McKEAN. 



27 



the voice of one-eighth of the inhabitants of America. On this 
well-prepared soil fell the resolution of the fifteenth of May. 
The principle it embodied was accepted by the popular party 
as their rule of action. To give expression to the public sen- 
timent, a great public meeting was held on the 20th of May, at 
the Stiite House, which was called to order by Major John 
Bayard, a man of singular purity of character, brave and de- 
vout, in which Colonel Daniel Roberdeau, a gallant soldier of 
the Revolution, presided, and Thomas McKean, an eminent 
civilian, took part."^ The resolution of the loth of May was 
read and approved. A protest was drawn up, and agreed to, 
against the Assembly forming a new government (as that should 
emanate from the people). The protest was presented to the 
Assembly on the 22d, and laid on the table. The meeting was 
held in the rain, nevertheless four thousand people were pres- 
ent.^ A very full account of this meeting, Avith the resolutions 
and protest, is given in Force's American Archives. (Ser. IV, 
vi., 517-19-845.) 

This great demonstration was felt throughout the province. 
The position it took was responded to by local committees, 
public meetings, and military battalions. Following only five 
days after the passage of the resolution of Congress, its prompt, 
firm and decided action very greatly paved the v/ay for the 
Declaration of Independence six weeks later. 

The people having thus approved the resolution of Congress, 
"that all powers should be under the authority of the people," 
and having protested against the Assembly forming a new gov- 
ernment, the Committee of Observation of Pliiladelphia, the 
next day, issued a call to the committees of the several counties, 
to send deputies to a Provincial Convention.^ Thomas Mc- 
Kean, as chairman of the committee, then presented a memorial 
to Congress, stating that the instructions of the Pennsylvania 
Assembly to their delegates have a tendency to withdraw the 
province from its union with the other colonies, and this com- 
mittee has called a meeting of all the committees of the prov- 
ince to take action in the matter.* 

On the 6th of June, the 4th battalion. Colonel McKean, 



^ Rise of the Republic^ Richard Frothingham. See also Genealogy of the 
Roberdeau Family, G2, and Scharf and Westcott, p. 312. 

2 Scharf and Westcott, p. 312. Also Diary of Christoj^her Marshall, William 
Duane, 1877. 

' Frothingham, 522. 

* Force's American Archives, TV., vi, 560, 689. 



28 



McKEAN FAMILY. 



unanimously agreed to support the resolution of Congress of 
the 15th of May and the proceedings of the meeting of May 
20th. ^ Other battalions likewise passed similar resolutions. 

In June also, on the i4th, the Delaware Assembly, at the in- 
stance of Mr. McKean, unanimously approved the resolution of 
Congress of the 15th of May, overturning the proprietary gov- 
ernment within her borders.^ 

CONVENTION OF DEPUTIES AT CARPENTER'S HALL. 

This important convention, which commenced on the 18th of 
June 1776, was the immediate result of the meeting of May 
20th, and is that referred to above in the memorial of Thomas 
McKean to Congress. Deputies, to the number of 104, at- 
tended from all the committees in the province ; Colonel Mc- 
Kean, chairman of the City Committee, called the meeting to 
order, and stated its object. In its organization, Colonel 
McKean was made president. Colonel Joseph Hart, vice- 
president, Jonathan Bayard Smith and Samuel Cadwallader 
Morris, secretaries ; Benjamin Franklin, Colonel John Bay- 
ard, Timothy Matlack, and Dr. Benjamin Rush were among 
those present. The resolution of the 15th of May was read, 
and it was resolved " that the present government of the 
province was not competent to the exigencies of our affairs." 
Afterwards the convention provided for a general Provincial 
Convention from the whole province, to be elected by the 
people, to form a government for the state. This present 
convention in the interim seems now to have taken upon itself 
the general management of most of the affairs of the province ; 
it is appealed to to settle disputes, takes action to raise a Fly- 
ing Camp; and on the 23d the chairman. Colonel McKean, 
Dr. Rush, and Colonel James Smith^ are a committee to pre- 
pare a Declaration, which was agreed to on the 24th that the 
deputies are willing to concur in a vote of Congress declaring 
the united colonies free and independent states.^^ The con- 
vention then adjourned, and this Declaration, signed by Thomas 
McKean, president, was by him delivered the next day directly 
to Congress.* 

ilbid., 784. 

^Bancroft, viii., 436; Life of George Read, W . T. Read, 1870, p. 245; 
Birth of the Republic, Goodloe, 242. 

^ Not Franklin, as stated in Sanderson's Lives. 

* Force's American Archives, IV, vi, 951-66, 1721 ; Frothingham's Rise of 
the Republic, 522-3 ; Bancroft's Ilisiory, viii., 445 et seq.; Niles' Principles and 
Acts of the Revolution, 252 ; Diary of Chr. Marshall, Duane, p. 78 ; Scharf and 
Westcott, Hist. Phil., 321 et seq.; Hickey's Constitution, 1853, p. 194. 



THOMAS McKEAN. 



29 



THE DECLARATION OF INDEPENDENCE. 

Following close upon the convention at Carpenter's Hall, 
and encouraged bj their fearless Declaration, Congress on the 
1st of July resumed the debate upon the resolution before that 
body which had been postponed from the 10th of June ; and 
on the 2d of July, 1776,^ agreed to the resolution reported 
from the Committee of the Whole, " That these United Colo- 
nies are, and of right, ought to be. Free and independent 

States " The committee asked leave to sit again, and 

likewise made the same request on the 3d. On the 4th of 
July, 177t), the committee reported the Declaration to Con- 
gress, when it was unanimously agreed to.^ There is no ac- 
count of the debates on Independence : Adams spoke, as did 
McKean, but we have no report of what they said.^ R. H. 
Lee, Wythe, Gerry, Jefferson, and Samuel Adams also gave 
their voices in favor.* " Did the able and indomitable Mc- 
Kean remain silent?" says Randall, in his "Life of Thomas 
Jelferson.''^ 

Wlien the vote was taken on the 2d of July in Committee of 
the Whole, Mr. McKean voted for, and Mr. Read against the 
resolution: the vote of Delaware was thus divided and lost 
(all votes being taken by States). Every State, except Penn- 
sylvania and Delaware, had voted in favor of the measure ; 
and it was of great importance to secure a unanimous vote. 
Mr. McKean, therefore, without delay dispatched an express, 
at his own expense, for Mr. Rodney, who was then in Dela- 
ware. That gentleman hastened to Philadelphia, and arrived 
at the State House, in his boots and spurs, just in time on the 
morning of the 4th to cast his vote in favor, and the vote of 
Delaware was secured. Two Pennsylvania delegates absented 
themselves, and that State was also united with the majority, 
making the vote unanimous.^ 

These circumstances are related by Mr. McKean in a letter 
to Governor Thomas Rodney, dated August 22, 1813,' and 

^Not 1st, Hi stated in Sanderson's Lives. 

^Journals of Congress^ ed. lYTT, See also Hickey's Conslitution^ p. 195 et 
seq. 

3 Frothinffham, 534-'7. 

* Historic Account of Old State House, F. M. Etting, p. 96. 
M. 183. 

^ Sanderson's Lives : Lives of McKean and of Rodney. 

''In possession of T. M. Rodney, Esq., pub. in fac-siinile in Brothcrhead's 
Book of the Signers, Phila., 18G1, and also a portion, not the whole, in Harp. 
Mag., vol. Ixvii., p. 208 et seq. 
3 



80 



MoKEAN FAMILY. 



again in a letter to John Adams, January 7, 1814, quoted 
nearly in full on a subsequent page. 

Recent historians are of opinion that Mr. McKean is mistaken 
as to a day or two ; that his patriotic and successful endeavor 
to bring Rodney up from Delaware, w^as that he might vote on 
the main question — the Resolution of Independence on the 2d 
of July.^ 

The incident just related forms the subject of a poem by the 
well-known writer George Alfred Townsend.^ Thomas Mc- 
Kean's soliloquy, as he waits upon the State House steps for 
Mr. Rodney, and the concluding stanzas, are as follows : 

Read is skulking ; Dickinson is 

With conceit and fright our foeman, 
Wedded to his Quaker monies," 

Mused the grim old rebel Roman ; 
"Pennsylvania, spoiled by faction, 

Independence will not dare ; 
Maryland approves the action ; 

Shall we fail on Delaware ? " 

In the tower the old bell rumbled, 

Striking slowly twelve o'clock. 
Down the street a hot horse stumbled, 

And a man in riding frock. 
With a green patch on his visage, 
And his garments white with grime. 
" Now praise God !" McKean spoke grimly, 
" Caesar Rodney is on time." 

Silent, hand in hand together, 

Walked they in the great square hall ; 
To the roll with "Aye" responded 

At the clerk's immortal call ; 
Listened to the Declaration 

From the steeple to the air : 
"Here this day is made a nation, 

By the help of Delaware ! " 

MR. McKEAN'S SERVICES IN FAVOR OF THE DECLARATION. 

Let us now briefly recapitulate Mr. McKean's services in 
favor of the Declaration, as above related: First, as a member 
of Congress, he assisted in passing the resolution of the 15th 

1 Mellen Chamberlain's Authentication. 
■ "^Poetical Addresses^ Bonaventure & Co., N. Y., 1881; Csesar Rodnei/s 4th 
of July. 



THOMAS McKEAN. 



31 



of May. Next as an "eminent civilian," he was the chief 
speaker at a meeting of citizens which ratified the resolution. 
As chairman of the Philadelphia Committee, he issues a call for 
a meeting of deputies of all the committees in the State, and 
also reports this to Congress. As Colonel of a battalion he 
joins his command, and the resolution is again ratified ; he 
takes the chair as Speaker of the Assembly of Delaware, and 
at his instance the resolution is again ratified ; he calls to or- 
der the meeting of deputies at Carpenter's Hall, who have met 
together in answer to his call, and is made chairman. The 
meeting agrees to support a vote of Congress, that these colo- 
nies Sivefree and independent States. As a privileged dele- 
gate from this meeting, he walks into Congress and lays the 
report before that body. He votes for the Declaration in 
Committee of the Whole, but his vote is neutralized by Mr. 
Read, who votes against him ; he sends an express at his own 
expense for Mr. Rodney, and on the 2d, and on the memorable 
4th of July, with Mr. Rodney outvotes Mr. Read, and secures 
a unanimous vote. 

Had it not been for Mr. McKean's exertions, the engrossed 
Declaration could not have been headed as it now is — The 
Unanimous Declaration of the Thirteen United States. For- 
tunate for the country was it that Mr. McKean held so many 
offices to give him these opportunities ; and fortunate, too, that 
he was a man of sufficient energy and activity to make use of 
them to the best advantage. 

THE DECLARATION OF INDEPENDENCE.— HOW SIGNED. 

It is a general popular belief that the Declaration of In- 
dependence was signed on the 4th of July, 1776, as it now 
appears by those whose names are inseparably a part of it. 
The engrossed Declaration implies this, strengthened by the 
printed journals of Congress. The first to challenge this com- 
monly received opinion, according to Judge Chamberlain in his 
Authentication^ was Mr. McKean; and since his day many 
eminent writers have discussed the subject. Even the signers 
themselves — McKean, Jefterson and Adams, give conflicting 
accounts of the matter. 

The question as stated by Judge Chamberlain is this: -'Was 
the draught of the Declaration of Independence, which, after 
various amendments, was finally agreed to on the afternoon of 
July 4th, forthwith engrossed on paper, and thereupon sub- 
scribed by all the members then present except Dickinson ?" 



32 



McKEAN FAMILY. 



A secondary question : " Was the Declaration signed by any 
one on July 4th, 1776?" seems to be an issue not heretofore 
raised by any historian ; but tacitly accepted in the affirmative 
as an established fact. The author has discussed this question 
on a subsequent page. 

Mr. McKean explicitly denies in four separate letters, that 
the Declaration was generally signed on July 4th : Firsts in 
a letter to Alexander J. Dallas, dated September 26, 1796, 
and published in " Sanderson's Lives ; " secondly^ in the above 
mentioned letter to Governor Rodney of August 22, 1813 ; 
thirdly^ in the letter to Mr. Adams of January, 1814,^ also 
above mentioned — these two letters last named are almost 
identical, word for word, in the portions relating to this matter 
under discussion ; si>nd, fourtJdy , in a letter of June 16, 1817 
(eight days before his death), to William McCorkle and Son,^ 
in which the letter to Mr. Dallas is largely quoted. 

In the first named letter, September 26, 1796, in speaking 
of the printed journals, Mr. McKean says : 

" By the printed publications referred to, it would appear as if 
the fifty-fiye gentlemen whose names are there printed, and none 
other, were on that day personally present in congress and as- 
senting to the Declaration ; whereas the truth is otherwise. . . . 

"Modesty should not rob any man of his just honor, when by 
that honor his modesty cannot be offended. My name is not 
in the printed journals of congress as a party to the Declaration 
of Independence ; and this, like an error of the first concoction, has 
vitiated most of the subsequent publications; and yet the fact is, 
that I was then a member of congress for the state of Delaware, 
was personally present in congress, and voted in favor of independ- 
ence on the fourth of July, 1776, and signed the declaration 
after it had been engrossed on parchment, where my name in my 
own handwriting still appears. . 

''I do not know how the misstatement in the printed journals 
has happened. The manuscript public journal has no names an- 
nexed to the Declaration of Independence, nor has the secret jour- 
nal ; but it appears by the latter, that on the nineteenth day of 
July, 1776, the congress directed that it should be engrossed on 
parchment and signed by every member^ and that it was so pro- 
duced on the second of August, and signed. This is interlined in 
the secret journal, in the handwriting of Charles Thomson, esquire, 

^ Mies' Reg., July 12, ISlT, xii., 305 et seq. ; Adams' Works, C. F. Adams, 
X., 8*7 ; Mass. Hist.Col., 5th Ser., iv., 505, and partly quoted in Judge Cham- 
berlain's Authentication, Dec. Ind. 

^ Niles' Reg., xii., 2*78 ; Duane's Diary of Christopher 31 ar shall ; The Port- 
folio, Sept., 1817, p. 246, quoting Freeman's Journal. 



THOMAS McKEAX. 



33 



the secretary. The present secretary of state of the United 
States and myself have lately inspected the journals, and seen this." 

In the letter to Mr. Adams, after speaking of other matters, 
Mr. McKean continues as follows : 

*'0n the 1st July, 177G, the question was taken in the com- 
mittee of the whole of Congress, when Pennsylvania, represented 
by seven members then present, voted against it — four to three; 
among the majority were Robert Morris and John Dickinson ; 
Delaware (having only two present, namely, myself and Mr. Read) 
was divided ; all the other states voting in favor of it. Tlie re- 
port was delayed until the 4th ; and, in the mean time, I sent an 
express for Cresar Rodney to Dover, in the county of Kent in 
Delaware, at my private expense, whom I met at the state-house 
door, on the 4th of July, in his boots. He resided eighty miles 
from the city, and just arrived as congress met. The question 
was taken, Delaware voted in favor of independence; Pennsyl- 
vania (there being five members present, Messrs. Dickinson and 
Morris absent) voted also for it; Messrs. Willing and Humphreys 
were against it. Thus the thirteen states were unanimous in 
favor of independence. Notwithstanding this, in the printed pub- 
lic journal of congress for 1776, Vol. 2, it appears that the decla- 
ration of independence was declared on the 4th of July, 1776, by 
the gentlemen whose names are there inserted, whereas no person 
signed it on that day ; and, among the names there inserted, one 
gentleman, namely, George Read, Esq,, was not in favor of it, and 
seven were not in Congress on that day,^ namely, Messrs. Morris, 

^ "Willis P. Hazard, in his edition of Watson's Annals, iii, 222, corrects this 
sentence: Morris should he Messrs., but Hazard is still wrong. The sen- 
tence is correct, as shown by what follows: Morris was " not in Congress on 
that day," because he was absent, as Mr. McKean says above ; the five 
others were not, because they had not then been elected, as he says below. 
In the early part of this letter, in speaking of the vote, Mr. McKean names 
Morris and Dickinson as absent ; here, in speaking of the signers, he properly 
names Morris only. 

After the publication of a letter of Mr. McKean in Potter s American 
MontJihj (vols, iv.-v., 187.5), a controversy sprang up, whether Mr. McKean 
should not have mentioned nine instead of seven members of Congress ; but 
the editors as well as the contributors of that magazine are still mistaken in 
going back to December, 1774. for the election of delegates. A later elec- 
tion, November 6. 1775 {Journals of Cong.), returned nine members — Mor- 
ton, Dickinson, Morris, Franklin, Humphreys, Riddle, Willing, Allen and 
Wilson. Mr. McKean mentions seven ; the other two are Biddle, who was 
sick and died during the session, and Allen, a British sympailiizer (Scharf 
and Westcott, i., .317). The latter abandoned his seat, June I4th, and Mr. 
McKean knew that two seats were permanently vacated, so that Pennsylva- 
nia was represented by seven only. Of the above, Morton, Morris, Franklin 
and Wilson signed in August ; their election did not hold over, for they 
were re-elected July 20, 177G, together with Ross, Clymer, Rush, Smith 
and Taylor, nine in all, who signed in behalf of Pennsylvania. I thiuk this 
matter is now clearly and correctly stated. 



34 



McKEAN FAMILY. 



Rush, Cljmer, Smith, Taylor and Ross, all of Pennsylvania, and 
Mr. Thornton of New-Hampshire ; nor were the six gentlemen 
last named, members of congress on the 4th of July. The five 
for Pennsylvania were appointed delegates by the convention of 
that State on the 20th July, and Mr. Thornton took his seat in 
Congress, for the first time, on the 4th November following; 
when the names of Henry Wisner, of New York,^ and Thomas 
McKean, of Delaware, are not printed as subscribers, though both 
were present in Congress on the 4th of July and voted for inde- 
pendence. 

Here false colors are certainly hung out ; there is culpability 
somewhere : what I have heard as an explanation is as follows : 
When the declaration was voted, it was ordered to be engrossed 
on parchment and then signed, and that a few days afterwards a 
resolution was entered on the secret journal that no person should 
have a seat in congress during that year until he should have 

signed the declaration of independence After the 4th 

July I was not in Congress for several months, having marched 
with a regiment of associators as colonel, to support general 
Washington, until the flying camp of ten thousand men was com- 
pleted. When the associators were discharged, I returned to 
Philadelphia, took my seat in Congress and signed my name to 
the Declaration on parchment. This transaction should be truly 
stated, and the then secret journal should be made public. In the 
manuscript journal, Mr. Pickering, then secretary of state, and 
myself saw a printed half sheet of paper ,^ with the names of the 
members afterward in the printed journals stitched in. We ex- 
amined the parchment where my name is signed in my own hand- 
writing." 

Mr. McKean then turns to other subjects, and concludes : 

" My sight fades very fast, though my writing may not dis- 
cover it. God bless you. 

Your friend, THO'S McKEAN. 
His Excellency John Adams. 



^ Some authors have thought Mr. McKean was mistaken that Mr. Wisner 
voted for independence, because the New York delegates had not been so 
instructed, and since but twelve States voted on July 2d. Franklin Burdge, 
however, published in 1878 a memorial of Henry Wisner, quoting letters of 
his to show that he did vote for independence, and was the only New 
Yorker who so voted. 

2 There is no ^'■printed half-sheet of paper " now in the journals. Mr. Mc- 
Kean saw the journals when Mr. Pickering was Secretary of State, 1795- 
1800, about seventeen years before writing this letter, and may confound 
the printed Declaration watered in, with some other paper, real or imagin- 
ary, not now known. 



THOMAS McKEAX. 



35 



Mr. Jefferson holds the contrary side of the question in his 
memoranda, as follows :^ 

" The Declaration thus signed on the 4th, on paper, was en- 
grossed on parchment, and signed again on the 2d of August." 

And again, in a letter of May 12, 1819, to Samuel Adams 



It was not till the 2d of July, that the Declaration itself was 
taken up ; nor till the 4th, that it was decided, and it was signed 
by every member present, except Mr. Dickinson " 

Mr. Adams takes the same side of the question with Mr. 
Jefferson. In transmitting the above letter of Mr. McKean to 
Mercy Warren for her reading, he writes under date of 
Quincy, February 2, 1814 : ' 

*' Dear Madam : I send you a curiosity. Mr. McKean is mis- 
taken in a day or two. The final vote of independence, after the 
last debate, was passed on the 2d or 3d of July, and the Declara- 
tion prepared and signed on the 4th. 

" What are we to think of history, when, in less than forty years, 
such diversities appear in the memories of living persons, who were 
witnesses?" 

These conflicting statements should now be carefully criti- 
cised. Mr. Adams here, in his old age, contradicts what he 
himself said thirty-eight years before in a letter to Samuel 
Chase. On July 9th, five days after the passage of the Dec- 
laration, he writes : " As soon as an American seal is pre- 
pared, I conjecture that the declaration will be subscribed by 
all the members."^ From which we may infer that the Dec- 
laration had not then been signed. The earlier letter as 
contemporary evidence is deserving of more credit than the 
later one. 

As to Mr. Jefferson, Judge Chamberlain has shown in his 
Authentication^ p. 8-9, that Mr. Jefferson's Notes were not 
made at the time alleged, but subsequently, and aided by the 
printed journals. "Hence his notes lose the authority of con- 
temporaneous entries." 

George AVashington Greene says :* " Mr. Jefferson's memory 
failed hin singularly in his history of that document, important 
as the part he bore in it was.'* 

^ Jpffersoii' s Writings^ H. A. Washington, Washington, D. C, i, 26, 120-2, 
vii., 124; RandalVs Life^ i., 171. 

"^Mass. Hist. Collections, 5th Ser., iv., 505. 

^Adams' Works, ed. 1860, ix., 421 ; Scharf and Westcott, Hist., i., 319. 
*IIistor. View Amer. Rev., 379. _ 



Wells: 



OCT 14 1890 




36 



McKEAN FAMILY. 



And after the appearance of Mrs. Morris' article on the 
Declaration in Potter^s American MoritJily, several others 
wrote expressing their opinions. Among whom, William Duane 
writes:^ "Mr. Jefferson was so clearly wrong in stating that 
Pennsylvania's vote for Independence was secured by the ap- 
pearance of new members on the fourth of July, that we have 
a right to suspect him in error in other points." Another 
writer,^ name unknown, in an article. The Declaration of In- 
depe7idence, The statements of Thomas McKean and Thomas 
Jefferson compared ^ gives their statements in full, and says: 
" A gentleman of good repute, as a historical and antiquarian 
scholar, disagrees with Mrs. Morris, and writes us as follows : 
' Mr. Jefferson, at the time he wrote his autobiography, was 
very old ; and we all know that the memory is the first of the 
mental faculties to show signs of decay. He confused what 
was done in Congress in August, with what was done in July. 
He had forgotten the Mecklenburg Declaration of Indepen- 
dence. His account cannot be compared with the clear and 
positive statements of Governor Thomas McKean.'" 

Mr. McKean's first statement on this subject was made 
twenty years after the Declaration was signed. Age had not, 
at this time or any other time, impaired his mental faculties ; 
witness his subsequent vigor ten years later, while Governor of 
Pennsylvania, and the letter to William McCorkle and son, 
eight days before his death. His first statement, he reiterated 
during the next twenty-one years. In the main facts, his 
statements have not been impeached, although in some col- 
lateral matters of minor importance he may be in error. 

Among recent writers, the opinion is almost unanimous that 
the Declaration was not generally signed on the 4th July, but 
was subscribed or authenticated by John Hancock president, 
and Charles Thomson secretary. 

In his recent history, Justin Winsor^ states distinctly that 
it was signed by the president and secretary. "The best 
investigators of our day are agreed that the president and 
secretary alone signed it on that day." 

Daniel Webster,* Robert C. Winthrop,^ and George Wash- 



1 Vols, iv.-v., for 1875, p. 785. 

2 Ibid., p. 651. 

^Narrative and Crit. History of Amer., 1888-9, v., 231 et seq. 

* Works, Boston, 1872, i., 129. 

8 Oration, July 4, 1876, Boston, 1876, p. 29. 



THOMAS McKEAN. 



37 



ington Greene,^ hold that it was authenticated by the signa- 
tures of the president and secretary. 

Peter Force, ^ the most thorough and reliable investigator of 
revolutionary history, George Bancroft^ and Richard Frothing- 
ham^ rather vaguely and perhaps cautiously state that it was 
authenticated by the president and secretary. 

Benson J. Lossing formerly stated^ that the Declaration was 
signed by the president alone, but has since changed his opin- 
ion, and has now come to the conclusion that it was signed by 
the members on the paper on which it had been written.^ 

Hildrith's History of the United States (iii, 137) and Wil- 
liam L. Stone^ hold that some or a few of the members signed 
on July 4th. 

William T Read, in his life of his grandfather George Read 
(p. 229), is assuredly mistaken in saying it was signed on 
July 4th " by all present in Congress on that day except Mr. 
Dickinson." Force flatly contradicts this statement (origin- 
ating with Jefferson) contained in Lord Mahon's History.^ 

Philadelphia's noted historian, Watson, quotes Mr. McKean's 
letter, that " the Declaration of Independence was not actually 
signed on the 4th of July."^ 

Mrs. Nellie Hess Morris, in a magazine article on the Decla- 
ration, regards it " as a question I cannot venture to decide. 

The latest, and most thorough and searching investigator of 
this subject is Judge Mellen Chamberlain, of Boston, in his 
Authenticatio7i of the Declaration of Tndependeiice^'^ wherein 
he shows that it was not generally signed on July 4th ; but he 
does not touch upon any other phase of the question. 

One naturally now turns to the printed journals of Congress, 
to see what evidence is there recorded, which can be construed 
80 variously ; but, as will be seen below, the printed journals 
are inaccurate and misleading, and have doubtless been the 

^Ilislor. View of Amer. Rev., N. Y., 1872, p. 101, 379. 

^Tlie Dec. Ind., or Notes on Lord Mahon's Hist., London, 1855, p. 61. 

*IIist. U. S., ed. 1885, iv., 452 ; 1879, v., 332. 

^Rise ofihe Republic, p. 544. 

^Field Book of Rev., 18G0, ii., 79, and Harp. Mag., xlvii., 258. 
^Potter's Am. Monthly, Phila., iv.-v., for 1875, 754-7. 
''The Dec. of Ind. in a New Light, Harp. Mag., Ixvii., 210. 
^The Dec. Ind., London, 1855, p. 63. 
^Annalt, Phila. ed., 1884, 3 vols., i., 400. 
^^Potter's Am. Monthly, iv.-v., 498. 
Cambridge, 1885; reprinted from Mass. Hist. Coll., November, 1884. 



38 



McKEAN FAMILY. 



cause of much of this confusion. The journal (for 1776) was 
first printed by order of Congress bj Robert Aitken, Philadel- 
phia, 1777 (vols. 1 and 2). The whole Journal is in thirteen 
volumes, printed from time to time by Aitken, D. C. Claypoole, 
John Dunlap, and J. Patterson. 

The Journal was reprinted in 1777, vols. 1 and 2 only ; 
again in 1800 by Folwell in thirteen volumes ; and in 1823 by 
Way and Gideon in 4 vols. These are all the earlier editions 
mentioned in B. P. Poore's Catalogue of Government Publica- 
tions. 

The proceedings of July 4th, 1776, according to the printed 
Journal, 1st edition (1777), are as follows literatim'. 

"Agreeable to the order of the day, the Congress resolved itself, 
into a committee of the whole, to take into their farther consider- 
ation the declaration, and after some time the president resumed 
the chair, and Mr. Harrison reported, that the committee have 
agreed to a declaration which they desired him to report. 

"The declaration being read, was agreed to, as follows ; 

"A DECLARATION by the Representatives of the UNITED 
STATES of AMERICA in Congress assembled. 

\_Here follows the Declaration.'] 

"The foregoing declaration was by order of Congress engrossed 
and signed by the following members : 

\^Here follow the names in groups, against the names of their re- 
spective States.'] 

Resolved, That copies of the declaration be sent to the several 
assemblies, conventions and committees, or councils of safety, and 
to the several commanding officers of the continental troops ; that 
it be proclaimed in each of the United States, and at the head of 
the army.'* 

In the editions of 1777 and 1800 there are printed but fifty- 
five names subscribed — Mr. McKean's being omitted. In the 
later edition of 1828 this omission is corrected, and his name is 
printed with the others. The discovery of this omission of Mr. 
McKean's name (and which will be referred to more fully under 
the signing of the Declaration on parchment,) was one of the 
causes which led to this discussion as to the signing. 

Wishing to settle the matter if possible, I obtained permis- 
sion from the Secretary of State to examine the original manu- 
script journals of Congress. After a perusal of them, I came 
into possession (through the kindness of the author,) of J udge 
Mellen Chamberlain's Authentication of the Declaration of 



a 



/v^i^^. /..^^ Z-^-' *.>.^-/ 

/.^ 







In con GRB|.'|) 

A D E C L A 

By the re P R E S en 

UNITED STATE 

In C E N E R a L CO N( 



1 1 E N in ihc C\<v.rfc of iuitnnn Event-., it l^rcomtt n 
I lo Jll'uinr ^imong the I'owcis of 



nil 7i\\\.\V\ 



the£ 



T T 

% / » / ' "!'t''«(i<Mti.mlc thciTK adccciit RilVvil tolhfOpi 
T T iKcic I riuj^ii he fcll-c\i.lcat,*that tU 

' ;..lanmn;; Mpi,, ilcrivnii; ilicir jmi I'owrt* f, 

' It f. ih • I'l .1,: . I IV. , ' , . ■ . 



COPYRIGHT, 1890, BY ROBCROEAU BUCHANAN. 



j 

I 



t 



THOMAS McKEAN. 



39 



Independence ; and found that in this investigation, I had un- 
knowingly been pretty much treading in his footsteps. 

It may be explained here, that there are three original manu- 
script journals, which are almost wholly in the handwriting of 
Charles Thomson : 1st. The Rough Journal, so called, con- 
sisting of entries made probably while Congress was sitting, 
which is the standard. 2d. The Smooth Journal, a copy of 
the previous, the entries being somewhat amplified and punctu- 
ated. The 3d is the Secret Journal, which is not a daily 
record, the consecutive dates of a portion in 1776 being June 
24; July 8, 11, 17, 19; August 2; then November 27. There 
is consequently in the Secret Journal no entry under July 4, 
1776. 

In the manuscript Smooth Journal, the declaration is wholly 
in writing, with no attesting clause, and no names attached, 
either in writing or in print. 

Upon examining the Rough Journal, much to my surprise, 
I found no written names appended to the Declaration, not 
even Hancock's, and the Declaration itself, with the attesta- 
tion, is in -print on a large folded sheet of paper, attached by 
four red wafers. These facts do not appear to have been gen- 
erally known, or at least have not appeared in print, before the 
publication of Judge Chamberlain's pamphlet. 

The page of the journal of July 4th is towards the left hand, 
and is 12 J by 8 inches with a margin of 2 J inches, on the edge 
of the page at the left, not separated by any line. Jn the 
margin is a duplicate date, and in the body of the page the 
writing covers slightly more than half of the page ; the lower 
part being left blank, undoubtedly to receive the printed 
broadside now found there. This page of the journal is here 
reproduced in fac-simile, a photo-lithograph, and reduced one- 
half size of the original. For this especial favor, — the first 
time that any portions of these journals have been reproduced 
in fac-simile, — the author is indebted to the Hon. William F. 
Wharton, Assistant Secretary of State, and to Frederick Ban- 
croft, Esq., Chief of the Bureau of Rolls and Library. 

The Declaration is on paper 18 inches long by 14J inches 
wide; the print covering a space 17 J by llj inches. It is 
folded upwards at the bottom of the page (where it is at the 
present time worn away and torn completely across,) and 
folded a second time in closing the book. It begins and ends 
as follows, the positions of the wafers being also shown : 



40 



McKEAN FAMILY. 



o o o 

In congress, July 4, 1776. 

oa declaration 

By the representatives of the 

UNITED STATES OF AMERICA, 

In general CONGRESS assembled. 
"'^^yHEN in the courfe of human events, it becomes necefsary 



[Here follows the Declaration] 



Signed hy Okder and in Behalf of the CONGRESS, 
JOHN HANCOCK, President. 

ATTEST. 

CHARLES THOMSON, Secretary. 

Philadelphia: printed by John Dunlap. 

Lossing states that the Declaration was passed about two 
o'clock.^ It was printed during the day and evening ; and the 
next day sent forth to the world. ^ On the 8th, by order of 
the Committee of Safety, it was publicly read by John Nixon 
from the State House steps. In Judge Chamberlain's Authen- 
tication^ a letter from Theodore F. D wight, librarian of the 
State Department, states that this first publication is the one 
wafered in the journal, and that among the papers of Washing- 
ton is another copy, the same which he read, or caused to be 
read, to the army. 

The Declaration was also published in the Evening Post of 
of July 6th, signed by the President and Secretary, and later 
it appeared in other papers. 

The reader has now before him all the facts upon which the 
foregoing diversified opinions are based. It is seen that there 
is no copy of the Declaration signed iji the handwriting of 
any one on July 4th, the only attestation being in print ; and 
no paper is known such as mentioned by Jefferson, signed by 
all the members. It cannot be denied that such a paper ever 
existed, for "it may have lost," says Judge Chamberlain, 

^ Field Book, 1860, ii., 78. 

'Scharf and Westcott, i., 317 ; Frothingham, 544. 



THOMAS McKEAN. 



41 



" but there are facts making it far more probable that it never 
existed."^ 

The responsibility of inserting the names in the printed 
journal cannot now be determined, and it is reasonable to sup- 
pose that there was no intention to mislead. The Secret Jour- 
nal had not then been printed ; and since the only entry as to 
the engrossing and signing of the Declaration is contained in it, 
the names were probably inserted in the public journal for the 
information of the public.^ It is unfortunate, for it makes the 
printed journal assert facts on July 4th which did not take 
place until August or later. 

Since there is no Declaration known, in or out of the jour- 
nals of Congress, containing the written signatures of the 
president and secretary affixed on the 4th of July, and not a 
scrap of evidence that such a paper ever existed, the author 
considers it very doubtful whether even Hancock or Thomson 
signed on the 4th. 

In the first place it was not the custom of the Continental 
Congress that resolutions in general should be sigiied by any 
one. When passed, they were^-'entered on the journal. Sub- 
sequently, copies of resolutions that were sent to General Wash- 
ington and others, were authenticated by the written signature 
of John Hancock ; but such papers were copies^ and not original 
records. There are no signed resolutions among the miscel- 
laneous papers of Congress preserved by Charles Thomson. 
This volume of papers was shown to me when making inquiries 
at the Department of State, where the facts in this paragraph 
were ascertained. In answer to a further inquiry as to whether 
there are any resolutions of the Continental Congress signed 
in writing by the President, or by the President and Secretary, 
the following letter states the matter officially : 

Department of State, 
Washington, October 21, 1889. 

ROBERDEAU BuCIIANAN, ESQR., 

The Clarendon, Washington City. 
aS^V : In reply to the enquiry contained in your letter of the 
3d instant, I have to say that there are not in the Archives of the 
Continental Congress in this Department any resolutions or 
other papers signed in writing by tlie President or by the Presi- 
dent and Secretary prior to their entry on the journals. 
I am, sir, your obedient servant, 

J. Fenner Lee, Chief Clerk. 



^Authentication,^. 15. 

'Ibid., p. 20, Letter of T. F. Dwight. 



42 



McKEAN FAMILY. 



Is it likely that John Hancock would violate the usual cus- 
tom of Congress by signing the Declaration unless especially 
authorized to do so ? And the question may also be asked : 
If it required a formal resolution to prepare and sign the en- 
grossed Declaration on the 2d of August, would it not likewise 
have required a similar resolution for Hancock to sign the 
Declaration on the 4th of July ? No such resolution appears 
on the journal, and we may therefore doubt such alleged sign- 
ing. In accordance with custom, the entry on the journal is 
a sufficient attestation of the fact that the Declaration had 
passed Congress. 

No argument can be drawn from the wording of the attest- 
ing clause — Signed hy order and in behalf of — that it presup- 
poses a resolution of Congress ; because these words, and others 
of similar import, have several times been made use of in other 
documents, showing the phrase to be one of common use in 
those days, but perhaps obsolete at the present time.^ 

As no Declaration bearing the written signature of John 
Hancock on July 4th is known ever to have been in existence, 
we have only the printed Decoration from which to infer the 
signing. This signing, if it was done, was not the vital act, 
giving life and force to the Declaration ; but merely the attesta- 
tion of that act already consummated ; and, judging by the 
printed broadside, performed wholly for the satisfaction of the 
public. It was therefore a matter of secondary importance. 
This written copy itself was not intended to go before the pub- 
lic, or to be used in any legal proceeding ; it was simply a 
printer's copy, and the printed Declaration made from it would 
be the same Avhether printed from genuine signatures or from 
the same names written by another person. And from these 
considerations, the author hazards the conjecture that no one 
properly signed on July JfXh, But in preparing a copy of the 

^ In support of this statement, the following may be found in Force's 
American Archives: IV., vi., 1136, Address to Gen. Washington, June 29, 
1176, "By desire, and in behalf of the several Regiments in the Second 
Brigade lY., vi., 847, Petition of Gen. Daniel Roberdeau to the Assembly, 
May 20, 1776, " Signed in behalf of, and by the desire of the inhabitants," 
etc.; v., i., 170, Address to Gen. RolDerdeau, July 10, 1776, "Signed by or- 
der and in behalf of the Battalion ;" V., ii., 1075, Address of inhabitants of 
New Jersey to Governor Tryon, October 16, 1776, "Signed by desire and 
in behalf of the inhabitants Y., iii., 484, Address by a meeting of citizens, 
November 2, 1776, " Signed by order and in behalf of, the meeting." These 
were found by casually turning over the pages of Force's Archives ; doubt- 
less there are others. See also Genealogy of the Roberdeau Family, pp. 61, 
62, 63, 68, This same wording much amplified is also made use of in the 
Articles of Confederation. 



THOMAS McKEAN. 43 

Declaration for the printer, some one, — perhaps Charles 
Thomson, used the customary attesting phrase, and wrote his 
own name as secretary, and that of John Hancock as president. 
And this paper being no part of the public records was not pre- 
served. Thus these two names might have appeared in print, 
with no manuscript as their authority, to turn up at a later day 
for the satisfaction of investigators. 

This view presented itself to me upon reading the broad ex- 
pression authenticated J made use of by George Bancroft and 
others, as though they did not feel warranted by the facts to 
employ the unequivocal w^ord signed. Hancock could " au- 
thenticate" the Declaration by directing Charles Thomson to 
write his name for him in the printer's copy, although that act 
would not be signing. 

This opinion is admitted to be a mere inference, but it is a 
simple inference, and a natural one to be drawn when there is 
no evidence. It stands upon grounds certainly as firm as the 
opposite side of the question, which is based upon a complex 
inference ; that because there are printed signatures there must 
have been written ones. The simple and plain inference here 
is, that because there are printed signatures there may have 
been written names ; but to go farther, and infer again that 
those written names were genuine signatures, is a double in- 
ference not warranted. 

Considered under the theory of probabilities, if we assume 
the chances to be equal, whether there were written names or 
not, the probability that there were, is J. And if the chances 
are equal that the written names were signatures, the proba- 
bility of this being so, is J of J, or J. The probability that 
they were not signatures, is also \ (because we suppese the 
chances to be the same), and these two fourths together make 
up the half first obtained. Suppose now, to further illustrate 
this, wc make a new condition, and ask, whether the names 
were written with a pen or a pencil ; if one is just as likely to 
occur as the other, the probability is J of J of J, or J. 

We see, therefore, that like a pair of scales, there is a bal- 
ance kept up; the more we weigh down one side with con- 
ditions the higher does the other side ascend, and the lighter 
or less is the probability of the occurrence. The degree of 
probability may be different in each step, but the reasoning 
will be the same ; for example, the probability of there having 
been written names may be greater than I ; and persons may 
differ in their estimates of these quantities. However they 



44 



McKEAN FAMILY. 



may be varied, the more steps we take from known facts the 
less the probability ; the probability of the first step (that there 
were written names) must necessarily be greater than the 
second step (that these names are genuine signatures), because 
the latter is represented by the product of two proper fractions, 
which product must necessarily be less than either fraction. 
The second step may equal, but can never exceed the former 
in probability. Therefore we conclude that it is more probable 
that there were written names, than that they were genuine 
signatures. 

Another aspect of the question is this: It being a legal 
maxim that it is impossible to prove a negative, the burden of 
proof is thrown upon those who hold the affirmative of any 
question to bring forward evidence to support it ; and that has 
not been done in this case, for an inference is not proof ; there- 
fore the negative side of this question should stand until over- 
thrown by some evidence ; and we must hold that the names 
were not genuine signatures. 

Why it is, that in preference to this simple negative infer- 
ence, the far-fetched affirmative side should be generally held, 
can easily be explained if we examine the facts as they suc- 
cessively became known. The copies of the Declaration sent 
to the States, the published journals of Congress, and the en- 
grossed Declaration itself, all point to the 4th of July as the 
date of the general signing. Mr. McKean alone held the cor- 
rect opinion, and he was contradicted by Jefferson and Adams. 
This opinion generally obtained for forty-five years, until the 
Secret Journals were published in 1821. So strong a hold 
has it taken upon the public mind, that like many popular fal- 
lacies it has gained the impress of truth. It is still held by the 
vast majority of people, and doubtless will also be till the end 
of time. When the Secret Journals were published, and it 
was found that the general signing did not take place on July 
4th, this popular idea of signing^ still holding possession of 
the minds of investigators, warped their judgment; and imbued 
with the idea that somehody signed on the 4th, if not the fifty- 
six, they naturally turned to the first printed copies of the 
Declaration, and from them inferred that John Hancock and 
Charles Thomson were those who signed on that day. 

The main question having now been considered in the light 
of the custom of Congress, demonstrated by mathematics, 
judged by legal maxims, and examined with our minds not 
warped by pre-conceived notions, we are constrained to the 



-7 9- r/'". 



i4 



ji 



COPYRIGHT, IS90. BY ROBERDEAU BUCHANAN 



THOMAS McKEAN. 



45 



conclusion that no one properly signed the Declaration of In- 
dependence on July 4th, 1776. 

THE ENGROSSED DECLARATION. 

As to the signing of the Declaration on parchment there is 
no uncertainty. The record is contained in the Secret Journal, 
first published by order of Congress by Thomas B. Wait in 
1821. In this publication the record stands as follows, litera- 
tim : 

"July 19, 1776. Resolved, That the declaration passed on the 
4th be fairly engrossed on parchment, with the title and style of 
— 'The Unanimous Declaration of the Thirteen United 
States of America;' and that the same, Avhen engrossed, be 
signed by every member of Congress." 

August 2, 1776. The Declaration of Independence being en- 
grossed, and compared at the table, was signed by the members."^ 

This page of the original manuscript Secret Journal is 12J 
by 7f inches, ruled with a red line forming a margin of IJ 
inches on the loft side. The whole entry is seen to be a post 
entry, and interlined. It is in ink decidedly lighter colored than 
the rest of the page. This page reduced one-half size, is also 
here reproduced as a photolithograph.^ For this privilege we 
are indebted, as in the former case, to the Hon. William F. 
Wharton, Assistant Secretary of State, and to Frederick Ban- 
croft, Esq., Chief of the Bureau of Rolls and Library. 

In accordance with the vote of Congress, the engrossed Decla- 
ration was signed on the 2d of August by the fifty-four mem- 
bers then present; Mr. McKean and Thornton signed later, 
making the fifty-six. This document is now in the Department 
of State ; the signatures are arranged in six columns of 8, 7, 
12 headed by Hancock, 12, 9 and 13 names, the delegates of 
each State in groups — except Hancock, the president, and 
Thornton who signed later — but without the names of the 
States (which are improperly printed in the published jour- 
nals). Mr. McKean's name is the last in the fourth column, 
with the names of the other delegates from Delaware. 

It is related that Hancock, the president, as he affixed his 
huge signature, exclaimed, "There! John Bull can read my 

*See also Force's American Archives^ V., i., 1584-97. 

' This is the first time that any portion of these Journals has been liter- 
ally reproduced in facsimile, although portions have been very accurately 
printed by Judge Chamberlain from the letter of Theodore F. Dwight. The 
word JJcclaration, line 2 of proceedings of July 4th [Authentication, p. 18, 1. 
17), should commence with a capital. 
5 

I 



46 



McKEAN FAMILY. 



name without spectacles, and may double the reward of <£500 
for my head. That is my defiance."^ Dickinson, who op- 
posed the Declaration, said, " We are not ripe," to whom 
Witherspoon replied : Not ripe, sir ! In my judgment we are 
not only ripe, but rotting. Almost every colony has dropped 
from its parent stem, and your compromise, sir, needs no sun- 
shine to mature it.^ " There go a few millions," said one, as 
Carroll, of Carrollton, the wealthiest member, attached his 
name. " We must all hang together now," remarked Hancock ; 
"Yes," replied Franklin, *'or else Ave shall hang separately." 

There were in Congress on the 4th of July, 1776, seventy 
members, of whom about fifty-one were in their seats. Some 
of these seventy afterwards joined the British, and the terms 
of others expired before the 2d of August, so that on that day 
only forty-seven of these seventy signed, Mr. McKean, the 48th, 
was the last of all to sign. During the interval, however, seven 
new members were elected as follows: Rush, Ross, Clymer, 
J. Smith, and Taylor, all of Pennsylvania ; Cavroll and Chase, 
of Maryland. Besides these, Thornton of New Hampshire was 
subsequently elected, and took his seat November 4th. He 
also received permission to sign, making up the fifty -six names.' 

Immediately after the passage of the Declaration on the 4th 
of July, Mr. McKean obtained leave of absence to march with 
his battalion, and was not present when the engrossed copy was 
signed August 2d. As late as August 8th, 1776, Caesar Rod- 
ney writes to Thomas Rodney that Mr. McKean is stiltin the 
Jerseys, and not likely soon to return.* On the 27th of August 
Mr. McKean was present at the opening of the Delaware Con- 
stitutional Convention at Newcastle.^ And according to Mr. Mc- 
Kean's letter to Thomas Rodney above mentioned, and quoted 
on a subsequent page, and also the letters to Mr. Adams on a 
previous page, it would appear that he signed the Declaration 
between these two dates, and not as late as October, as stated 
in Sanderson's Lives." 

There are circumstances, however, which render this infer- 
ence doubtful. Congress, on January 18th, 1777, directed that 
copies of the Declaration, with the names then subscribed, 
should be authenticated and sent to each State. The names 

1 Watson's Annals, 1884, i., 399. 
^Lossing, Harp. Mag., iii., 155. 
''Scharf and Westcott, i., 317 et seq. 

* Force, Am. Archives, V., i., 833. 

* Journal, pub. 1776. 



THOMAS MoKEAN. 



47 



were then accordingly printed for the first time,* and these 
copies were transmitted to the States by Hancock about Janu- 
ary 31, 1777. Mr. McKean's name does not appear upon 
these copies, although Thornton's name is there ; from which 
it seems evident that Mr. McKean did not sign until after Jan- 
uary 18th or 31st, 1777. William L. Stone, in his article, 
The Declaration of Independence in a Neiu Liglit^ says, 
" Thomas McKean from Delaware, as he says himself, did not 
sign till January, 1777." Bancroft states in his History,^ that 
Mr. McKean signed in 1781, which is in itself preposterous, 
from the nature of the instrument. Peter Force, who knew 
more of Revolutionary history than any man living in later days, 
does not appear to have known the exact date ; he says,* " The 
signing by the members was discontinued at the close of the year 

1776 One signature only, — that of Thomas McKean 

— was afterwards added to the Declaration of Independence." 

Mr. McKean in the letter to Mr. Adams, already quoted, 
says, "After the 4th of July I was not in Congress for several 
months." He repeats this in the letter to Mr. Rodney ; but 
after the Delaware convention had dissolved, September 21st, 
he was probably in Congress on the 25th and 27th, for on 
those days he was appointed on certain committees. His name 
does not appear again in the journal during this year. From 
December 2, -1776, to January 30, 1778, he was not a member 
of Congress, though he was undoubtedly in Philadelphia or 
wherever Congress was in session during that time, and might 
have signed during this interval. 

In the earlier publications of the Journals of Congress, as 
already remarked, Mr. McKean's name was omitted from the 
list of signers of the Declaration. "The error," says he, in 
the letter to William McCorkle and Son, June 16, 1817,* re- 
mained uncorrected until 1781,* when I was appointed to print 
the laws of Pennsylvania." In 1796, Alexander J. Dallas, 
also in printing the laws of Pennsylvania, discovered the dis- 

' Journals; dho Winsor s Nar. and Crit. Hist., vi., 268. 

^Ilarp. Mag., Ixvii., 211. Mr. Stone kindly informs the author that he 
gathers this statement only from Mr. McKean's four letters on this subject. 

3 Ed. 188G, ix., GO ; ed. 1885, v., IG. Justin Winsor, in his Ilislory, vi., 
268, and Judge Chamberlain, in his Authentication, p. 21, as collateral mat- 
ter have quoted this date of Bancroft's. 

* The Dec. Ind., etc., London, 1855, p. 65. 

^Niles' Reg., xii., 278, and Diary of Christopher Marshall, Duane, 1877, p. 
291 et seq. 

* This expression and date may have misled Mr. Bancroft. 



48 



McKEAN FAMILY. 



crepancy and investigated it. Mr. McKean's reply to Mr. 
Dallas, dated September 26, 1796, gives this explanation: 
"The journal was first printed by Mr. John Dunlap in 1778,^ 
and probably copies, with the names then signed to it, were 
printed in August 1776, and that Mr. Dunlap printed the 
names from one of them.'"^ Mr. McKean's name is omitted in 
the Journals of Congress, by Aitken 1777, and by Folwell in 
1800. In the copies of the Declaration sent to the several 
states by Congress in January 1777;^ and in The Constitu- 
tions of the Several States, William Jackson, London, 1783, 
and in the Laws of Delaware, 1797, [by George Reed]. 
His name first appeared with those of the other signers, in 
McKean's Laws 1782, which he had been appointed to publish 
in 1781; also in Dallas^ Laws, 1797; in The Constitu- 
tions of the United States, William Duane, 1806 ; in the 
published Journals of the Pennsylvania Senate, December 2, 
1807, under an order that the Declaration be read and inserted 
in the Journal ; (This copy is peculiar, by reason of its having 
the name of Charles Thomson inserted under that of John 
Hancock, and before the names of the other signers.) In 
Tyler's fac simile of the Declaration 1818 ; Jouriials of Con- 
gress, Way and Gideon, 1823, and probably in all subsequent 
publications of the Declaration. 

Of early official printed copies of the Declaration, the first 
was that of Dunlap, July 4-5,1776; the next was by Mary 
Katharine Goddard in Baltimore, which is the publication at- 
tested by Hancock and Thomson, in their own hands, and sent 
to the States.* 

Of fac-similes, the earliest was that of Benjamin Owen Tyler, 
styling himself ''professor of penmanship," in 1818; it is in 
Italian script with fac similes of signatures, and certified to, 
by Richard Rush, acting Secretary of State This has been 
engraved on copper and published on vellum, and on paper. A 
fac-simile is published in Force's American Archives, 1848, 
y. i, 1597, bearing the imprint "W. J. Stone, Sc. Washn." 
One was published in New York in 1865 ; and another in The 

^ John Dunlap printed some of the later volumes, and Mr. McKean, with- 
out looking in the earlier volumes, may have assumed that Dunlap printed 
them all. 

' Sanderson^ where the letter is given in full. 

3 One of these has found its way to the Boston Public Library; a copy of 
another is given in Hist. Mag.., Notes and Queries, IV., 2d Ser., Nov., 1868. 
*Winsor's Hist.^ vi., 268. 
*A copy is in the State House at Annapolis. 



THOMAS McKEAN. 



49 



Declaration of Ijidependence, Boston, 1876.^ A photolith- 
ograph, half size, by N. Peters, Washington, D. C, in 1873, 
certified by C. Delano, Secretary of the Interior, and M. D. 
Leggett, Commissioner of Patents. Another by A. G. Ged- 
ney, Washington, 1883, photographed, half size, from the 
original parchment; below this are fac-simile of the signatures 
with the imprint — "Restoration of signatures, from a copper 
plate engraving in fac-simile, made by order of President 
Monroe in 1823."^ Fac similes of the signatures alone, are 
given in Lossing's Field Book of the Revolution, 1860, pp. 
80-1 ; in Winsor's History already quoted, vi., 263-6 ; 
Harper's Magazine, iii., 158-9 ; and in numerous other works. 

The family of Commodore McKean, in Bingharaton, N. Y., 
is in possession of what is probably a fac simile of the Declara- 
tion on parchment. The author not having seen it is unable 
to identify it with such as have been described. 

It is unfortunate that at the present day the signatures can 
with difficulty be made out on the engrossed Declaration, which 
is in the State Department. A recent writer has said that the 
ink was stolen I that some one obtained permission to make a 
fac simile of the Declaration, and passed the parchment between 
heavy rollers which took up most of the ink, causing the writ- 
ing to become faint, and many of the signatures wholly illegible. 

WAR MEASURES. 

On the day the Declaration was passed, Congress resolved 
that the delegates in Congress from New York, New Jersey, 
and Pennsylvania, the Council of Safety, the Committee on Ob- 
servation and Inspection for Philadelphia, and the field officers 
of the Pennsylvania battalions, should be a committee to take 
measures for the safety of New Jersey. This committee met 
the next day, the 5th, and Colonel McKean was called to the 
chair. It was ordered that all the military march without delay 
to Trenton, except three battalions which go to New Brunswick.' 

In consequence of the above order. Colonel McKean marched 
at the head of his battalion to Perth Amboy,* in New Jersey, to 

* Winsor's Ilust., vi., 266. 

'While this page is in press, Mr. Gedney states that this copper phite 
is the one bearing the imprint of W. J. Stone, and the same which caused 
the ruin of the parchment Declaration ; that a damp paper was placed over 
the signatures to transfer them, blotting out nearly all the writing. 

'Force, American Archives, Ser. V., i., 14 et seq. 

*See also Hvstoric Mansions of Phil., Thompson Westcott, p. 488. 



50 



McKEAN FAMILY. 



support General Washington. The Pennsylvania Associators 
were under command of General Daniel Roberdeau, who had 
been elected to the command of the Pennsylvania militia/ A 
letter from Colonel McKean, published in Sanderson^ s Lives, 
gives an account of his battalion being under fire. After the 
flying camp of 10,000 men had been completed, the Associators 
were relieved. In the Pennsylvania Evening Post of August 
13, 1776, is published a resolution of the convention for the 
State of Pennsylvania, that such battalions as shall furnish their 
quota of the flying camp, may return home if the generals and 
field ofiicers shall judge it to be expedient. And about this 
time Colonel McKean returned to his seat in Congress, and 
perhaps at that time signed the engrossed Declaration, as already 
related. 

PUBLIC MEETINGS. 

A new Constitution for the State, proposed by Franklin, was 
considered in a public meeting at the State House, October 
21, at which Colonel John Bayard was chairman ; about 1500 
persons attended. The Constitution proposed was generally 
objectionable on account of certain religious qualifications, as 
well as for various other reasons. Thomas McKean, John 
Dickinson and others, opposed it ; James Cannon, Timothy 
Matlack, Dr. Young, and Col. James Smith, favored it.^ 

Not long after this, November 25, 1776, Mr. McKean pre- 
sided at a meeting at the Indian Queen,^ to counteract the in- 
fluence of the Tories. It appears that they were in the habit 
of meeting at taverns, and singing God save the Khig.^ These 
trifles show the earnestness of Mr. McKean, and the great in- 
terest he had in the cause of independence. Although filling 
the exalted position of a delegate in Congress, he deemed noth- 
ing too insignificant to receive his aid, when it led towards 
independence. He endured the privations of a soldier's life, 
speaks at one meeting, presides at another, meets with the 
Council of Safety, presides at the Delaware Assembly, and we 
next find him in quite another sphere. 

^Elected at Lancaster, Pa., July 4th, ITTS, by representatives of the 57 
battalions in the State. Thomas McKean was one of the candidates voted 
for, and received a few votes. [Genealogy of the Roberdeau Family^ p. 67.) 

^Scharf and Westcott, i., 324 ; Biary of Christopher Marshall^ Duane, p. 98. 

3 Described in Pa. Mag., xi., 103, 503. 

*Scharf and Westcott, i., p. 326. 



THOMAS McKEAN. 



51 



WRITES THE COXSTITUTION FOR THE STATE OF DELAWARE. 

During his absence in the army, Colonel McKean was 
elected a member of the convention for forming a constitution 
for the state of Delaware. No sooner had he resumed his 
seat in congress, than his attendance was required at New- 
castle ^ as a member of this convention. He reached that place 
in a single day. Immediately upon his arrival, after a fatigu- 
ing ride, he was waited upon by a committee of gentlemen, 
members of the convention, who requested that he would pre- 
pare the constitution for them. He retired to his room at the 
public inn, sat up all night, and wrote that constitution ivith- 
out the aid of a hook or the least assistayice. At ten o'clock 
the next morning, it was presented to the convention, by whom 
it was unanimously adopted.^ Understanding the wants and 
feelings of the people, well versed in law and the principles of 
republicanism, and a ready writer, he was able to perform in 
a few hours, a work that in modern times requires the labors 
of an expensive assembly for months.^ 

Mr. McKean relates this remarkable incident in the letter 
to Governor Rodney, dated August 22, 1813, already alluded 
to as published in facsimile, in Brotherhead's Book of the 
Signers ; the paragraph is as follows : 

When the associators were discharged I returned to Pliila- 
delphia, took my seat in Congress, and signed the declaration on 
parcliment. Two days after I went to Newcastle, joined the 
Convention for forming a constitution for the future government 
of the State of Delaware (having been elected a member for 
Newcastle county,) which I wrote in a tavern without a book or 
any assistance." 

This has been justly regarded as the greatest act of Mr. Mc- 
Kean's life ; requiring not only a profound knowledge of law 
and politics, but a quick perception, a good memory, clear dis- 
criminating judgment, and a ready pen, to accomplish so much 
in so short a time. It will be remembered that this was 
mainly original work, there being few or none other constitu- 
tions in those days to serve as a guide. This constitution 
may be seen in The Federal ayid State Constitutions, B. P. 
Poore, 1877. 

^Sanderson and others give this wrongly, i)oyer ; Mr. McKean states it 
correctly in his letter quoted below. 

'Sanderson, Goodrich and other biographies. 
' Judson's Lives. 



52 



McKEAN FAMILY. 



Mr. McKean's claim to be the author of this constitution 
has been disputed in favor of George Read, and although the 
counter-claim rests upon very untenable grounds, yet it would 
not be quite fair to wholly ignore it in this biography. Fifty- 
seven years after Mr. McKean wrote the statement just quoted, 
William T. Read, Esq., claimed that his grandfather wrote the 
constitution, because a copy was found in that gentleman's 
handwriting — a very untenable argument, for he may have 
copied it. Such a writing might be used in corroboration to 
strengthen other evidence ; but it has no force as evidence 
when used alone. The statement in full is as follows : 

"Among Mr. Read's papers I find a document in his hand- 
writing indorsed ' Original Draft of the System of Government of 
the Delaware State, with Amendments,' which makes it certain 
that he wrote this' first constitution of Delaware."^ 

Not quite so certain, for the very caption of this paper is 
fatal to such claim. This heading, — Original Draft, etc., ivith 
amendmenis never could have been written until after the 
amendments had been proposed ; that is, long after the original 
draft had been submitted to the convention ; consequently this 
paper in Mr. Read's handwriting can not be that original 
draft of the constitution. The true original draft would not 
have been entitled the draft with amendments. 

Mr. Read, so far as we know, did not claim this honor for 
himself ; nor is any mention made of such claim in his biogra- 
phy in " Sanderson's Lives," written by William T. Read.^ 
It first appears in Allibone's Dictionary of Authors, in 1854, 
by whom written is unknown, but presumed to be by William 
T. Read, who was a member of the Delaware Historical Soci- 
ety, and therefore a very likely person to have supplied this 
biography to Dr. Allibone. And it was not until 1870, nearly 
sixty years after Mr. McKean's Rodney letter waa written, 
that the grounds for the claim were made public. Why such 
delay in making known a historical matter, if Mr. Read really 
were the author ? 

In a note to the passage above cited, William T. Read then 
attacks Mr. McKean's statement. After quoting the paragraph 
upon this question in " Sanderson's Lives," he alludes to it as 
" this fine specimen of glorification," notwithstanding the fact 
that he has just made a similar claim in behalf of his own grand- 
father. Whether this latter should also be considered a fine 



^Life and Corresp. Geo. Read, William T. Read, 1870, p. 186. 
Ibid., p. 159, authorship so stated. 



THOMAS McKEAK. 



53 



specimen of glorification, he has apparently left to the judgment 
of the reader. However this may be, Mr. Read then goes on 
further to criticise the several statements in " Sanderson's 
Lives," that the convention was held at Dover (which should 
be Newcastle'), that Mr. McKean himself presented the con- 
stitution to the convention, and that it was adopted the next 
morning. Although these criticisms are just, yet the mis- 
takes are not IMr. McKean's, but Sanderson's, caused by am- 
plifying Mr. McKean's simple statement, " which I wrote in a 
tavern without a book or any assistance." In attacking col- 
lateral statements, Mr. Read seems to overlook the fact that 
the main question still stands uncontradicted. 

It seems to be more than anything else, either carelessness 
or an error of judgment on Mr. Read's part to advance this 
claim for his grandfather ; since he has neither refuted Mr. 
McKean's claims, nor substantiated a claim for George Read.^ 

Mr. McKean's character for integrity is sufiiciently well es- 
tablished by his acts, and fully made known by the concurrent 
testimony of impartial historians, to warrant the statement that if 
Mr. McKean says he wrote that constitution, it is so. Lossing, 
the historian, in his Biographical Sketches of the Signers 
(1860, pp. 140-4), accredits Mr. McKean with the authorship, 
and not Mr. Read. Scharf, in his History of Delaivare (2 
vols., 1888, i., 187, 203), accredits the authorship to each in 
his biographical sketches, showing that he had not carefully 
examined the question. 

George Read as president of the convention, would natur- 
ally require a copy of the constitution under discussion, so as 
to intelligibly direct the proceedings. The amendments on this 
paper being " in a different handwriting, probably that of the 

^This is not the only mistake or inaccuracy in the volume. The name 
McKinly is spelled wronj^ly throughout the volume. On page 344 Mr. 
Read states that Mr. McKean died June 17th, and that he liad eleven 
children by his second wife — both of which are wrong. Regarding this 
convention he has several mistakes: He says in the text, page 182, that the 
sub-committee reported on the 13th, the report read a second time, and re- 
committed on the 15th, reported again on the 16th; and in the note page 
18Y, these dates are given 13th, 14th and 18th resj)ectively, all of which are 
wrong except the second date named, ^Moreover, the two pages are not con- 
sistent witli one another. May we not also suspect Mr. Read of carelessness 
elsewhere? These, however, are trifles compared with the grievous histor- 
ical mistake he makes on page 229 and elsewhere, in saying that "the 
Declaration of Independence was signed July 4th, 1770, bi/ all prrsrnt in 
Congress on that day except Mr. JJic/d?ison." By this error of judgment he 
charges his grandfather with the inconsistency of voting against the Decla- 
ration in the morning and signing it in the afternoon. 



54 



McKEAN FAMILY. 



Secretary of the Convention," (as William T. Read himself 
says in the above work, p. 186,) renders it still more probable 
that this paper in George Read's handwriting is the identical 
copy he had before him ; since the secretary is the proper one 
to have supplied the presiding oflficer with copies of the changes 
and amendments made from time to time. 

A recent visit to Dover disclosed the fact that there are now 
no manuscript records whatever in the archives of the state, 
relating to this convention. Even the constitution itself can- 
not be found. All the records were probably d(3stroyed many 
years ago. Very likely the records were captured by the 
British at the time President McKinly was taken prisoner, as 
related in a letter of Mr. McKean on a subsequent page.^ The 
journals of the convention were, however, published in 1776, 
by which it appears that the convention met August 27,1776, 
George Read being elected president. On the 30th Mr. 
McKean obtained leave of absence on account of the sickness 
of his son and sister. He returned September 6th, and the 
following day with George Read and others was placed on 
the committee to draft the constitution. The committee re- 
ported on the 14th ; the matter was read a second time on the 
15th, and recommitted ; reported again on the 17th. The 
constitution was partly agreed to on the 18th, and fully ap- 
proved on the 20th. The convention was dissolved on the 
21st. 

CHIEF JUSTICE OF PENNSYLVANIA. 

On the 28th of July 1777, Mr. McKean received from the 
Supreme Executive Council, the commission of Chief Justice 
of Pennsylvania ; the duties of which high station he performed 
with zeal and fidelity for twenty-two years. At the time of 
his appointment, he was Speaker of the House of As^r'nbly of 
Delaware, and a delegate in Congress from that State. Six 
weeks later he became President of Delaware. He took the 
oath of office September 1st following ; and was subsequently 
reappointed July 29, 1784, and July 29, 1791.' 

The period during which Mr. McKean exercised the func- 
tions of Chief Justice, was one of the most important and try- 
ing in the whole course of the jurisprudence of the common- 
wealth. It was at the time when the laws were unsettled, even 
the constitutions of the states undefined, and national existence 

^See also Appleton's Cyclop. Biog. McKinly^ iv., 137. 

'Scharf and W'^stcott, ii., 1559; Hazard's Penn. Archives^ v., 621. 



THOMAS McKEAN. 



55 



itself in question. The country was in the midst of a revolu- 
tion when he came to the bench ; and for several years the 
civil was necessarily subordinate to the military rule. Hence 
the interpretation of organic and statute law had to be made 
de novo; precedents had ;to be established, and the whole 
practice of the courts adapted to the changed relations which 
existed. The causes which w^ere brought in his court were 
many of them peculiar to a pei'od of war and conquest ; — causes 
involving the most delicate questions, vital alike to the rights 
of the subject, and the vindicaaon of justice. Trials for high 
treason, for attainder, for the confiscation of property, were 
frequent. A case rarely transcended in importance and 
amount involved, in any nation or m any age, was the forfeit- 
ure of the proprietary estates. The rulings of the chief jus- 
tice, through all this trying period, and in their different causes 
were marked by great prudence and wisdom.^ 

" Chief Jestice McKean," observes a late Judge of the Supreme 
Court, " was a great man ; his merit in the profession of the law 
and as a judge, has never been sufficiently appreciated. It is only 
since I have been upon the bench that I have been able to con- 
ceive a just idea of the greatness of his merit. His legal learning 
w^as profound and accurate ; but in the words of the poet — 

3Iaieriam superbat opus. — 
The lucidity of his explication, and the perspicuity of his language, 
which is the first excellence in the communication of ideas, was 
perfect; but I never saw equalled his dignity of manner in deliv- 
ering a charge to a jury, or on a law argument to the bar. But 
what is still more, his comprehension of mind in taking notes, so 
as to embrace the substance, and yet omit notliing material, has 
appeared to be inimitable."^ 

*'A11 subsequent decisions of the Supreme Court have sanctioned 
his judicial fame, and even European judges yielded to him spon- 
taneous praise."^ 

Having heard the opinions of a judge, let us now turn to 
those of the advocate : David Paul Brown, who achieved an 
enviable distinction at the Philadelphia bar,* writes that Chief 
Justice ^icKean " was always considered a sound lawyer and 
an upright judge ; . . he was a stern and arbitrary man. . . . 
Though always deemed a very able lawyer, and a man of in- 

* Armor, Lives of the Governors of Penn. 

"Ibid.j and also as quoted in Sanderson's Lives. Author unknown. 
^The Supreme Court Bench of J*e7insi/lvania, in Hazard's Reg., iii., 241, a 
similar article to tiie previous, and probably by the same author. 
*The Forum, i., 327, et seq. 



56 



McKEAN FAMILY. 



flexible honesty, was still a man of strong prejudices, jealous 
of his authority, and rough and overbearing in its maintainance. 
. . . Whatever may have been his deficiency in civility, he 
was a judge of great decision and force of character. During 
the course of his long judicial life^ he never wavered in what 
his duty seemed to require." 

L. Carroll Judson, also a member of the Philadelphia bar, 
says, in his beautifully written l-jiography :^ 

"No threats could intimidate, or influence reach him when 
designed to divert him from ti e independent discharge of his duty. 
His profound legal acquirements, his ardent zeal, his great justice, 
his vigorous energy, and his^ioble patriotism enabled him to out- 
ride every storm, and calm raging billows that often surrounded 

him His legal opinioi.'S, based as they generally are, upon the 

firm pillar of equal justice, strict equity, and correct law, — given 
as they were, when a form of government was changing, the laws 
unsettled, our state constitutions justformed, the federal con- 
stitution bursting into embryo, — are monuments of fame, enduring 
as social order, respected and cononized." 

" He was without exception one of the greatest legal minds in 
our early history ; filling every station with distinguished zeal and 
fidelity, — a man of eminent learning, ability and integrity, whom 
neither fear nor favor could bend from the stern line of duty."^ 

With two more quotations I will close these extracts, my 
purpose being to show that praise of the legal and judicial 
fame of Thomas McKean is not confined to the writings of a 
few ; but is universally proclaimed by all his biographers. 
The following is from another beautifully written biography by 
David R. B. Nevin.^ 

"Of McKean as a lawyer, we may safely say he was master of 
that intricate profession. As a contemporary remarked of Tilgh- 
man, we may appropriately say of McKean, ' he took in at one 
glance all the beauties of the most obscure and difficult litigations. 
With him it was intuitive, and he could untie the knots of a con- 
tingent remainder, or an executive device, as familiarly as he 
could his garter.' Of his career as a judge, it is unnecessary for 
UR to comment; for his judicial fame is the common property of 
the world. Pennsylvania, however much she may have suffered 
in many instances by irresponsible and unworthy political repre- 
sentatives in the councils of the nation, has always been justly 
proud of her incorruptible and learned judiciary. Ross, Tilgh- 

^Biography of the Signers^ 1839. 

2 W. H. Egle, in Penn. Mag., xi., 250 ; The Fed. Const., Sketches, etc. 
^Continental Sketches of Distinguished Pennsylvanians, 1875. 



THOMAS McKEAJf. 



67 



man, IngersoU, Rawle, and Bradford, with a host of others, were 
brilliant stars in the legal firmament of the old colonial times ; 
and the lustre of the galaxy has not been dimmed by such modern 
luminaries as Gibson and Black. But the peer of them all was 
Chief Justice McKean. A faultless logician, fluent without the 
least volubiliiy, wonderfully concise, with a naturally logical 
mind, well disciplined by severe and systematic training, he was 
a most brilliant advocate and attorney. As a judge he had few 
equals in this or any other land. When he assumed the judicial 
ermine, the laws of Pennsylvania w*^re crude and unsettled ; and 
it devolved upon him to overcome all these difficulties, and bring 
order out of comparative chaos. His precisions were remarkably 
accurate, sometimes quite profound, and always delivered with a 
grace of diction, and a perspicuity of language, which commended 
them to the cultivated legal mind. His personal appearance on 
the bench was a combination of proper affibility and great dig- 
nity." 

We have heard the words of his friends — it is but just to give 
ear to one of his opponents,^ who says of Chief Justice Mc- 
Kean : 

"He was well qualified for the office of Chief Justice, by his 
power to reason, discriminate and combine; his great learning, 
and ready use of it; his courage, firmness, and inflexibility; but 
little accessible to pleadings for mercy, and so much the slave of 
party, (as appears by the authority cited in the sequel to this 
sketch,) as to lend more than once, his judicial power to punish 
its enemies and still more his own."^ 

Other extracts may be found in the various biographies of 
Chief Justice McKean, too numerous to be inserted here.^ 

NOTED CASES. 

The cases decided by Chief Justice McKean are contained 
in Alexander J. Dallas' Reports of Pennsylvania cases, in 
four volumes, 1754 to 180G. The first volume was published 

^ Of those writing since Judge McKean's death, I have found but two who 
have written acjainst him. See note at end of this biography, 

^IJ/e of Geo. Read, by his grandson, William T, Read, 1870, p. 335. The 
fact that McKean sent an express for Ctcsar Rodney and outvoted Read on 
the Declaration, seems to rankle in the heart of the grandson, who spares 
no opportunity throughout the whole of his work to speak against Judge 
McKean. This is to be regretted, as McKean and Read were friends, as 
well as colleagues and compatriots, 

'The principle of which may be named : National Portraits, by Longacre 
and Herring. ISDd ; Hazard's Rcff. of Pnin., 1829, iii,, 241; Hist. Chester Co.^ 
I'cnn., by John Smith Futhey (Judge of the Chester Co. Court) and Gilbert 
Cope, besides other extracts in the various works already quoted. 



58 



McKEAN FAMILY. 



in 1790, and the series dedicated to Chief Justice McKean. 
The other volumes appeared successively in 1798, 1799, and 
1807. Lord Mansfield, then in his advanced years, upon re- 
ceiving the first volume from Judge McKean, in 1791, sent the 
following in reply : " I am not able to write with my own 
hand, and most therefore beg leave to make use of another, to 
acknowledge the honor you have done me by your most 
obliging and elegant letter, and sending me Dallas' reports. I 
am not able to read myself, but have heard them all read with 
much pleasure. They do credit to the court, the bar, and the 
reporter. They show readiness in practice, liberality in prin- 
ciple, strong reason, and legal learning. The method too is 
clear and the language pure."^ 

Among the more prominent cases which came before Chief 
Justice McKean may be mentioned the following : 

Roberts and Carlisle (1 Dallas, 35, 39). When the Brit- 
ish took possession of Philadelphia, John Roberts enlisted in 
the British army, and tried to induce others to do the same. 
Abraham Carlisle was a carpenter, who received a commis- 
sion from Sir William Howe to watch and guard the gates of 
the city, with power of granting passports. They were at- 
tainted for high treason, and the trial came in September, 1778. 
Joseph Reed was the leading counsel on the part of the State. 
The just performance of Chief Justice McKean's judicial func- 
tions during this time of war required not only the learning of 
the lawyer, but the unyielding spirit of the patriot. Proclaim- 
ing from the bench the law of justice and his country, with 
distinguished learning, ability and integrity, neither fear nor 
power could bend him from the stern line of duty. Regardless 
of the powers of the crown of Great Britain, he did not hesitate 
to hazard his own life by causing to be punished, even unto 
death, those who were proved to be traitors to their' country 

The fate- of these men caused great excitement generally, 
and especially among the Quakers, to which sect they belonged. 
The Supreme Executive Council was deluged with petitions for 
clemency ; private citizens sent a score of petitions, the minis- 
ters of the gospel, the grand jury, the jury which tried them ; 
even the judiciary. Chief Justice McKean and Judge Evans, 
petitioned the Council for a postponement of the execution. 
Chief Justice McKean's notes of the trial were sent to the 

^MSS. McKean family, Binghamton, and partly quoted in Hazard's i^e^. 
of Penn.^ iii., 241 et seq. 

2 Sanderson's Lives. See also Hazard's Reg., iii., 241. 



THOMAS McKEAN. 



59 



Council for their information.^ It appears from this that Roberts 
and Carlisle were the lamented victims of inflexible justice. 
The petition of the Chief Justice shows that he did not deserve 
the censure bestowed upon him by the quakers and tories, both 
in prose and verse ; he simply performed his duty in passing 
sentence, the execution of which rested with the Supreme Ex- 
ecutive Council, who could have pardoned the prisoners if they 
had found sufficient cause to do so. 

Samuel Chapmayi (1 Dallas, 53) was also attainted for high 
treason in the April term, 1781, for not having surrendered 
himself on the 1st of August, 1778, as required by a procla- 
mation issued by the Supreme Executive Council, in pursuance 
of an act of the Assembly passed March 6, 1778. The charge 
of the Chief Justice, which resulted in the acquittal of the de- 
fendant, was learned and circumstantial, embracing a lucid ex- 
position of the law, and exciting the unqualified admiration of 
his professional brethren ; while it dissatisfied and disappointed 
those men who thirsted after blood. No popular excitement 
against individuals accused of ofifences could in the slightest 
degree divert Chief Justice McKean from the firm and infiex- 
ible discharge of his public duty. His decision evinced the 
soundness of his judgment, and the disdain he felt for the pop- 
ular clamor excited by the occasion. =^ 

A writ of Habeas Corpus, Soon after his appointment as 
Chief Justice, an incident occurred evincing in bold relief, the 
independent principle of action which guided his judicial 
career. Twenty persons were confined in the Free-Mason's 
lodge at Philadelphia, on treasonable charges ; and the popular 
excitement against them was extremely violent. They pub- 
lished a remonstrance in the Pennsylvania Packet of Septem- 
ber 5, 1777 ; and application was made to the Chief Justice 
for writs of habeas corpus in their behalf, which were granted. 
This act, at a period of peculiar public agitation, created great 
dissatisfaction among the more violent whigs, in which many 
members of Congress participated. So marked was their dis- 
pleasure, tha*} Judge McKean, esteeming the good opinion of 
good men, next to the approbation of a good conscience, wrote 
to John Adams on the subject, explaining his course of action. 
For a statement of Judge McKcan's position in this matter, the 
reader is referred to Sanderson's Lives; suffice it here to say 
in brief, that Judge McKean had followed the Pennsylvania 

^Penn. Archives, Hazard, 1853, vii., 21, 25, 44, 53, etc. 
' Sanderson's Lives. 



60 



McKEAN FAMILY. 



statute, which had somewhat modified the laws regarding 
habeas corpus, and by which all discretionary power in the 
judges was taken away, and a penalty of five hundred pounds 
imposed for a refusal to grant a writ.^ 

The popular excitement against these tories was so great 
that the Assembly passed a law suspending the writ of habeas 
corpus, thus preventing the execution of Judge McKean's 
writ. William Allen, a lawyer and a tory, in his Journal 
calls this " a law ex post facto and pende7ite lite, the very ex- 
treme of tyranny. "2 

Warrant against Colonel Hooper. Judge McKean's firm- 
ness in the execution of the law is exemplified by another 
striking example. In 1778 he issued a warrant against 
Colonel Robert L. Hooper, deputy quartermaster, charging 
him with having libelled the magistrates in a letter to Gouver- 
neur Morris ; and directing the sheriff of Northampton county 
to bring the said Hooper before him at Yorktown. Colonel 
Hooper waited on General Green, who wrote to Judge Mc- 
Kean that he could not consent to Colonel Hooper's absence. 
To this letter, the reply of the Chief Justice, under date of June 
9, 1778, contains the following characteristic paragraph: 

" 1 do not think, sir, that the absence, sickness, or even death 
of Mr. Hooper could be attended with such consequences that no 
other person could be found, who could give the necessary aid 
upon this occasion ; but, what attracts my attention the most, is 
your observation that you cannot, without great necessity, consent 
to his being absent. As to that, sir, I shall not ask your consent^ 
nor that of any other person, in or out of the army, whether my 
precept shall be obeyed or not in Pennsylvania." 

There is a strain of inflexible firmness and unshrinking dig- 
nity pervading this letter, admirably illustrative of the whole 
course of his judicial conduct.^ 

The House of Assembly having asked the opinion of Chief 
Justice McKean as to the right of the crown to grant the char- 
ter to the Penns : he gave his opinion upon the question, which 
was afterwards judicially determined in the case of Penn's les- 
see vs. Kline, before Justice Washington of the Supreme 
Court of the United States, and Richard Peters, District Judge 
(4 Dallas, 402).* 

^ Sanderson's Lives. 

2 Under date of Oct. 1, 1777, published in Pa. Mag., ix., 293. 

3 Sanderson's Lives. 

^Life of Joseph Reed, William B. Reed, 1847, ii., 167. 



THOMAS McKEAN. 



61 



In the Issues of the Press of Pennsylvania, by Charles R. 
Hildeburn, 1886, there is noted No. 3738, the following work, 

Charge of Thomas McKean, Chief Justice, to Grand Jury at 
Court of Oyer and Terminer and General Gaol Delivery held 
at York," 1788. 

INCIDENTS AND ANECDOTES. 

It is related of Chief Justice McKean, by a contemporary, 
that " the Chief Justice when on the bench wore an immense 
cocked-hat, and was dressed in a scarlet gown. He discharged 
the office of chief justice for twenty-two years, and gave strik- 
ing proofs of ability, impartiality and courage."^ 

Watson, the antiquarian, in his chapter on wigs, relates that 
" Judge McKean wore one, and was withal so partial to them 
that he intended to wear one of the bench kind ; he engaged 
one of Kyd for one hundred dollars, and being found when de 
livered, so strange and outre he -refused it, and was sued for 
the value. 

In those days it was the custom of the Supreme Court to 
hold sessions in the various counties. When at Harrisburg — 
at least while Congress sat at York — (1777-8), Chief Justice 
McKean lived in a substantial one-story log house, a short 
space below what is now Locust street. He wore an immense 
cocked- hat, and had great deference shown him by the country 
people. After the country was quieted, when he and other 
judges of the Supreme Court came to Harrisburg to hold court, 
numbers of the citizens of the place would go out on horseback 
to meet them, and escort them to town. Sometimes one or 
two hundred people would attend for the purpose. The sheriff 
with his rod of office, and other public officers and bar, would 
attend on the occasion ; and each morning, while the Chief 
Justice was in town holding court, the sheriff and constables es- 
corted him from his lodgings to the court-room. The Chief 
Justice on the bench sat with his hat on, and was dressed in a 
scarlet gown.' 

Many anecdotes says David Paul Brown, remain of the great 
jurist both as Chief Justice and Governor. 

One day when a mob had assembled outside of the Supreme 

^Graydon' 3 Memoirs of Hie Own Time, 1846. See also Manasseh Cutler 9 
Journal, 17«7; Pa. Mag., xi., 108. 
^Annals of Phil., 18G8, i., 197. 
'Day's Iliator. Collections, 1843, p. 286. 

5 



62 



McKEAN FAMILY. 



Court, he sent for the sheriff and commanded him to suppress 
the riot. 

"I cannot do it," replied the trembling official. 

"Why do you not summon your posse V thundered the 
scowling Chief Justice. 

"I have summoned them, but they are ineffectual." 

" Then sir, why do you not summon me?" 

The sheriff stunned for a moment, gasped out, " I do summon 
YOU, sir." 

Whereupon the gigantic Chief Justice, scarlet gown, cocked 
hat and all, swooped down on the mob like an eagle on a flock 
of sheep, and catching two of the ringleaders by the throat, 
quelled the riot.^ 

The talented but unfortunate Major Andre, at an entertain- 
ment at Mr. Deane's in New York, read a characteristic Dream; 
" His allusions," says a loyalist commentator, "to Jackey Jay, 
Paddy McKean, and other rebellious were excellent." 

Andre dreamed he was in a spacious apartment in which the 
infernal judges were dispensing justice. 

As dreams are of an unaccountable nature " he says, " it will 
not (I presume,) be thought strange that I should behold upon 
this occasion the shades of many who for aught I know may be 
still living. . . . The first person called upon was the famous Chief 
Justice McKean, who I found had been animated by the same 
spirit which formerly possessed the memorable Jeffreys. I could 
not but observe a flush of indignation in the eyes of the judges 
upon the approach of this culprit. His more than savage cruelty, 
his horrid disregard to the many oaths of allegiance he had 
taken, and the vile sacrifices lie had made of justice, to the in- 
terests of rebellion, were openly rehearsed. Notwithstanding his 
common impudence, for once, he seemed abashed, and did not 
pretend to deny the charge. He was condemned to assume the 
shape of a blood-hound, and the souls of Roberts and Carlisle 
were ordered to scourge him through the infernal regions." Next 
appeared the "polite and traveled Mr. Deane :" then "the cele- 
brated General Lee;" "the black soul of Livingston:" "The 
President of Congress, Mr. Jay," and finally " the whole con- 
tinental army," each of whom was "judged" in some character- 
istic manner.^ 

Another loyalist, now unknown, has left a long poem from 
which the following extracts are made : 

^The Forum, as quoted by Rebecca Harding Davis in Harper's Mag.^ 1876, 
lii., 871. 

'Frank Moore's Diary of Am. Rev., N. Y., 1860, ii., 120 et seq. 



THOMAS McKEAN. 63 

THE AMERICAN TIMES ; A SATIRE, BY CAMILLO QUERNO. 

Hear thy indictment, Washington, at large; 
Attend and listen to the solemn charge: 

Wilt thou pretend that Britain is in fault? 

In Reason's court a falsehood goes for nought. 

Will it avail, with subterfuge retin'd 

To say such deeds are foreign to thy mind? 

Wilt thou assert that, generous and humane, 

Thy nature suffers at another's pain? 

He who a band of ruffians keeps to kill, 

Is he not guilty of the blood they spill? 

Who guards McKean and Joseph Reed the vile, 

Help'd he not to murder Roberts and Carlisle? 

So, who protects committees in the chair. 

In all their shocking cruelties must share. 

5|C 3^ 3^ 5^ 3(C3|C3^3fC 

Bring up your wretched solitary pair, 
Mark'd with pride, malice, envy, rage, despair. 
Why are you banisli'd from your comrades, tell? 
Will none endure your company in hell? 
That all the fiends avoid your sight is plain. 
Infamous Reed, more infamous McKean. 
Is this the order of your rank agreed ; 
Or is it base McKean and baser Reed ? 
Go, shunn'd of men, disown'd of devils, go. 
And traverse desolate the realms of woe.' 

PRESIDENT OF THE STATE OF DELAWARE. 

In September 1777, Judge McKean became the executive 
of the state of Delaware. It is stated in the Life of George 
Read!f that the presidency of Delaware was offered to Mr. Read 
who declined it, and Mr. MoKinly was appointed. When 
the latter gentleman was captured by the British, Judge Mc- 
Kean immediately assumed the reins of government. 

Under date of October 8, 1777, Judge McKean writes to 
General Washington from Newark, "By the captivity of 
President McKinly of the Delaware State, on the 12th of last 
month, and the absence of the Vice-President, the command in 
chief devolved upon me as Speaker of the Assembly, agreea- 
bly to the constitution. I had some time before accepted the 
office of Chief Justice of Pennsylvania, and at the time this 

^Loyalist Poetry of the 7^eu., Winthrop Sargent, Phil., 1857, pp. lU, 11. 
»By his grandson, William T. Read, 1870. 



64 



McKEAX FAMILY. 



unfortunate event happened, was out of the Delaware State, 
but thought it my duty to my country to repair thither, which 
I did on the 20th following." On his arrival in the state. 
Judge McKean found that all the papers, public records, and 
money had been captured. He immediately called out the 
militia, one-half in active service, and the remainder to hold 
themselves in readiness for instant service.^ 

When this high position devolved upon Judge McKean, while 
holding other high offices in Pennsylvania, he became thereby 
an especial object of British persecution. " I have had," he 
says in a letter two years afterwards to Mr. Adams, dated 
November 8, 1779, " I have had my full share of the anxie- 
ties, care and troubles of the present war. For some time I 
was obliged to act as President of the Delaware State, and as 
Chief Justice of this: general Howe had just landed (August, 
1777) at the head of Elk River, when I undertook to dis- 
charge these two important trusts. The consequence was, to 
be hunted like a fox by the enemy, and envied by those who 
ought to have been my friends. 1 was compelled to remove 
my family five times in a few months, and at last fixed them in 
a little log-house on the banks of the Susquehannah, more than 
a hundred miles from this place ; but safety was not to be 
found there ; for they were obliged to remove again on account 
of the incursions of the Indians."^ 

Judge McKean held this office but a sho-rt time, and after 
making provisions for the defense of the State, addressed a 
letter to George Read, the Vice-President, under date of Sep- 
tember 26, .1777, informs him of his accession to the office, the 
reasons for it, details his official acts and resigns the position, 
concluding his letter as follows : "Wishing you all manner of 
success in saving our country in general, and the, Delaware 
State in particular, I am," etc. Addressed, " To George Read, 
President of the Delaware State. "■'* 

THE ARTICLES OF CONFEDERATION. 

The commmitee appointed in Congress, June 12, 1776, pur- 
suant to a resolution of the 7th, to frame the Articles of Con- 
federation, consisted of thirteen members, one for each State, 
as follows : Josiah Bartlett, Samuel Adams, Stephen Hopkins, 



1 Spark's Corresp. of Rev. ^ Boston, 1853, i., 443. 

2 Sanderson. 

^Life and Corresp. of Geo. Read. 



THOMAS McKEAN. 



65 



Roorer Sherman, Robert R. Livingston, John Dickinson, Thomas 
McKean, Thomas Stone, Thomas Nelson, Jr., Joseph Hewes, 
Edward Rutledge and Button Gwinnett; on the 28th Francis 
Hopkinson was added, completing the number.* 

The Articles were under consideration for several months, 
and debated clause bj clause. On a vote relating to taxation 
occurred the first important division between the slave hold- 
ing states and the states where slavery was of little account.^ 
The articles were finally agreed to, November 13, 1777, and a 
copy being made out the same was agreed to on the 15th. 
This state paper, which is the first constitution of our country, 
was dated and signed July 9, 1778, by the delegates of nine 
states; the other delegates had not then been empowered to 
sign it. Thomas McKean signed subsequently in behalf of 
Delaware, pursuant to powers vested in him dated February 
6, 1779, and laid before Congress on the 16th.^ The last 
State Maryland signed March 1, 1781. This important docu- 
ment is preserved in the archives of the Department of State. 
It is on parchment in one sheet, a roll about thirteen feet long. 

A HISTORICAL DISCREPANCY. 

As the other four states ratified the Articles, the delegates 
added the date of signing. And here, as to the date when 
Tbomas McKean affixed his signature, there is a decided dis- 
crepancy between the Journals of Congress and the original 
Articles of Confederation, which seems to have escaped the 
notice of historians. In the Journals of Congress, (the original 
rough Journal by Charles Thomson, w^iich I have had the 
privilege of examining, page 265,) is the entry, February 22, 
1779. " In pursuance of the powers in him vested, Mr. 
McKean a delegate of the state of Delaware, signed and 
ratified the articles of Confederation in behalf of that state." 
(See the Printed Journals, Way and Gideon, 1823, iii., 201.) 

In the original Articles, the date is now much obliterated, but 
is apparently Feb. 12,1779;" the word " iV6." is almost 
illegible, the first figure apparently 1 is a heavy stroke with a 
dot after it, the lower part of the 2 is wholly illegible and 
also has a dot following it. There is no trace remaining, even 

^Journals of Congress; Adams' Works, ii., 292; Frothinpham, p. 569. 
The following authors give but twelve n«incs : Hist. Old State House. Etting ; 
Lossing"s Field Book, 1860, ii., 653 ; Scharf and Westcott, Hist. J'hil., i., 315. 

' Bancroft's U. S. 

^Journals of Congress, Feb. 16-22, 1879. 



66 



McKEAN FAMILY. 



under a glass to show that the first figure was a 2 obliterated. 
Upon the articles being ratified by all the states, they are 
entered upon the Journal under date of March 1, 1781, where 
the date is given Feb. 12, 1779." (1st ed., Patterson, vii. 
48, and Way and Gideon 1823, iii., 591). In the Secret 
Journal, however, (Thomas B. Wait, 1821, i. 448-64,) a por- 
tion of the volume is devoted to debates on the Articles. They 
are entered at length, upon the Journal and the date given in 
full "February 22, 1779," agreeing with the first date in the 
rough Journal. But there is also a discrepancy between the 
Rough and Secret Journal, under date of March 1, 1781. 

Hoping to clear up the discrepancy by an examination of 
early published copies, I found to my surprise, that in older 
publications the date is usually given neither 12th nor 22d, 
but " Feb. 13, 1779," and so given in the Laws of the U. S., 
[John B. Calvin,] 1815; The Federalist, New ed. 1837, p. 
480 ; and MUofs Debates, 1854, i. 85. 

In other publications and later works the date is given Feb- 
ruary 12, 1779, viz.: U. iS. Statutes at Large, Richard 
Peters, 1845 ; JUckey^s Constitution, 1855, p. 490; Fed. 
and State Const., B. P. Poore, 1877 ; Documents Illust. 
Amer. Hist., Preston, 1886. 

Other works too numerous to mention, some of them pub- 
lished during the last century, give the Articles and names, 
but omit the dates. Others omit the names also. McKeaii's 
Laws, 1782, and Dallas' Laws of Pennsylvania, 1797, might 
have settled the discrepancy, especially the former work, but 
they give the names without dates. 

It is doubtful if the discrepancy can ever be cleared up ; 
February 22, 1779, seems, however, to be the most reliable 
date, for that entry in the journal was undoubtedly made on 
that date ; and as Mr. McKean's authority to sign was laid be- 
fore Congress on the 16th, and entered in the journal on that 
day, it does not seem likely that he would sign before the lat- 
ter date. Lossing, in his "Lives of the Signers," appends an 
account of the Articles of Confederation, and states that Dela- 
ware ratified " on the twenty-second of February and 5th of 
May, 1779."^ 

About this time, Thomas McKean took the oath of allegiance 
before his relative and former preceptor, David Finney, dated 
January 25, 1779, that he does not hold himself bound to yield 
any allegiance to the king of Great Britain, but will be true 



lEd. 1860, p. 327. 



THOMAS McKEAN. 



67 



and faithful to the Delaware State.^ Various judges, public of- 
ficers, members of Congress and others took the oath about this 
same time. 

DIFFICULTY WITH GENERAL THOMPSON. 

This officer had been a prisoner of war, and when released 
on parole became angry because he had not been exchanged ; 
and said that Congress had treated him in a " rascally manner." 
He was particularly bitter against Judge McKean, whom he 
accused of having hindered his exchange ; and denounced him 
for having acted " like a liar, a rascal, and a coward." Judge 
McKean laid the matter before Congress, November 19, 1778, 
in an information of personal abuse ; whereupon General 
Thompson was called before the bar of the house, and apologized.^ 

The Supreme Executive Council, December 31, 1778, also 
took notice of the ''acrimonious remarks by Brigadier General 
William Thompson."^ Judge McKean moreover sued Thompson, 
and got judgment for the large sum of j£5,700 against him 
and the publishers of the .Packet. McKean, however, re- 
leased the damages in both cases, as he only wanted to see the 
law and the facts settled. Thompson then tried to provoke a 
duel with McKean ; but McKean would not set the precedent 
of allowing a member of Congress or a magistrate to subject 
himself to a duel with every person against whom he gave 
judgment.* 

MEETING OF MAY 24-25, 1779. 

This public meeting was called to counteract the effect of 
monopolizers, and to devise means to reduce prices. General 
Daniel Roberdeau, recently a delegate in Congress, and a 
signer of the Articles of Confederation, was called to the chair ; 
Timothy Matlack, David llittenhouse, Thomas Paine, Charles 
W. Pcale, Thomas McKean, and others, were present. A 
committe 3, appointed to carry out the purposes of the meeting, 
was made permanent. " The institution of this committee," 
it is remarked in the Life of Joseph Heed, " is a leading in- 
cident in the local history of these times." The meeting also 
resolved that " those inimical to independence should not be 

* Original in possession of J. Henry Rogers, Esq. 
^Journals of Cong., Nov. 19-23, 1778. 
•Hazard's Colomal Records, xi., 653. 

* Scharf and Westcott, Hist. Phil., i., 393. 



68 



McKEAN FAMILY. 



suffered to remain among us." An account of the meeting is 
given in full in the Genealogy of the Roherdeau Family} 

A pamphlet in regard to this meeting, entitled " Meeting 
of May 25, 1779/' was published by Daniel Roberdeau, the 
chairman.^ 

The tories, who let no opportunity pass for ridiculing the 
public characters of the day, published a poem, of which the 
following is a portion : 

AN HISTORICAL BALLAD OF THE PROCEEDINGS OP A TOWN 
MEETING AT PHILADELPHIA, MAY 24-5, 1779.— BY 
STANSBERRY. 

'Twas on the twenty -fourth of May, 
A pleasant, warm, sunshiny day, 

Militia folks paraded, 
With colors spread, and cannon too. 
Such loud huzzas, and martial view, 

I thought the town invaded. 

And now the State-House yard was full. 
And orators, so grave and dull, 

Appear'd upon the stage. 
But all was riot, noise, disgrace, 
And freedom's sons, o'er all the place, 

In bloody frays engage. 

Each vagrant from the whipping-post, 
Or stranger stranded on the coast. 

May here reform the State, 
And Peter, Mick, and Shad-row Jack, 
And Pompey-like McKean in black. 

Decide a people's fate. 

With solemn phiz and action slow, 
Arose the chairman Roherdeau,, 

And made the humane motion. 
That tories, with their brats and wives. 
Should flee to save their wretched lives, 

From Sodom to Goshen.' 

HIGH COURT OF ERRORS AND APPEALS. 

To this court, which was established by the Act of February 
28, 1780, Judge McKean was commissioned with seven others, 

iSee also Penn. Packet, May 27, 1779 ; Life of Joseph Reed, W. B. Reed. 
2 Catalogued in Hildeburn's Issues of Press of Penn.,, 1886, No. 3951. 
' Watson's Annals of Phil. 



THOMAS McKEAN. 



69 



November 20, 1780. The court was reorganized under the 
Act of April 13, 1791, and he was recommissioned with nine 
others, April 13, 1791. The court was abolished by Act of 
February 24, 1806. Judge McKean retained his seat as Chief 
Justice during this time.^ 

During this year, 1780, there was an urgent need of funds, 
and a few patriotic gentlemen subscribed $260,000 ; the Bank 
of Pennsylvania was then organized for the purpose of supply- 
ing the army with provisions ; for this purpose Judge McKean 
subscribed «£2000.' 

On the 25th of December of this same year Judge McKean, 
in a letter to the legislature of Delaware, resigned his seat in 
Congress. I find," said he, " that my health and fortune 
are impaired by my unremitted attention to public affairs ; 
what I undertake to perform, I do with all my might ; and 
having very little relief in attending Congress, 1 find that this, 
the discharging the duties of Chief Justice, etc., etc., are more 
than I can perform to my own satisfaction. Besides, the rank 
I am obliged to maintain is greater than comports with my 
finances." ... It is a proof of the disinterested principles by 
which the public men of that period were guided, that Mr. 
McKean had never received, in any year, as much emolument, 
as a delegate, as would defray his personal expenses while 
engaged in the service ; and that during the last two years, 
(1779 and 1780,) he had not been offered or received a 
farthing. His resignation, however, was not accepted, and he 
continued his duties as a delegate from Delaware.^ 

HIS RESIDENCE. 

Chief Justice McKean's residence being mentioned by var- 
ious writers, a description should not be omitted here. For 
some years, according to Lossing, he resided in High street, now 
known as Market street, near Second. But in 1780, December 
20th, the Supreme Executive Council directed that tlie honor- 
able Chief Justice McKean be allowed to occupy Mr. Duchc's 
house until July 1st next. In explanation of tliis, it may be 
stated that the Rev. Mr. Duchc had been chaplain to the first 
continental Congress ; but being of a vacillating character, 
after siding with the colonists, joined the British and went to 

*Scharf and Wcstcott, ii., 15G8 ; Bench and Bar of Vhil.^ John Hill Mar- 
tin. 

^Scharf and Westcott, i., 409 ; Niles' rrinctides and Acts of the Rev. 
'Sanderson. 



70 



McKEAN FAMILY. 



England.^ He was attainted for high treason, and his prop- 
erty confiscated. This property consisting of the mansion, 
coach house, stables and four lots, was sold August 10, 1781, 
to Thomas McKean for .£7750, Pennsylvania currency, subject 
to a ground rent of 232J bushels of wheat. A deed for the 
property bearing the above date was executed by the Supreme. 
Executive Council, in which the property is described as being 
on the east side of Third street, occupying the whole side 
of the square from Pine street on the south to Union street 
on the north, and thirty feet in depth.'^ This building is de- 
scribed in the Historic Mansions and Buildings of Phila- 
delphia ^ as " a large and splendid mansion in the Elizabethan 
style at the northeast corner of Third and Pine streets." An 
engraving of the house is given in various works ; — in the Book 
of the Signers, by William Brotherhead, 18(31, folio; in 
Sanderson's Biography of the Signers, revised by R. T. 
Conrad, 4°; in Watson's Annals of Philadelphia^ (3 vols, 
revised by Willis P. Hazard, 1884, i., 413 ;) and in Scharf and 
Westcott's History/ of Philadelphia, i., 292. There was a 
large hall in this house, at the ends of which hung the two 
portraits by Peale, of Chief Justice McKean with his son 
standing by his side, and of his wife Sarah Armitage with a 
child on her lap. The mansion passed by will to the eldest 
son, Judge Joseph B. McKean. 

PRESIDENT OF CONGRESS. 

To this exalted position, the highest in the gift of the people 
or of Congress, Judge McKean was elected on the resignation 
of Samuel Huntington, on the 10th of July, 1781. General 
Washington sent his congratulations to him under date of July 
21.* Being also Chief Justice of Pennsylvania, his holding 
two such high positions at one time raised a clamor of opposi- 
tion to him. The press teemed with essays upon the subject, 
maintaining both sides of the question ; in which the advocates 
of Mr. McKean enjoyed a manifest advantage. The chief 
point alleged was, that it was illegal to hold the office of Chief 
Justice while sitting in Congress ; but it is evident that the 
authors of the outcry were incited either by envy or ambition, 
and not by virtue or love of country, because if his seat was 

^See his life in Keith's Provinc. Councillors, p. 276. 

*Penn. Colo. Records, xii., 578, xiii., 25 ; Scharf and Westcott, i. 420. 

'Thompson Westcott, 1877, p. 90. 

^Writings of Washington, Jared Sparks, 12 vols., Boston, 1837, viii., 112. 



THOMAS McKEAN. 



71 



illegal at all, it was as much so before he was made president 
as afterwards. The Constitution of Pennsylvania, indeed, for- 
bade the holding of two offices ; but it was contended that this 
did not apply to holding other offices outside of the State ; so 
that his being a member of Congress from Delaware would not 
conflict with the Constitution of Pennsylvania when he became 
Chief Justice. The outcry came chiefly from Pennsylvania, 
which was unreasonable considering that Pennsylvania had 
appointed the Delaware member of Congress as Chief Justice. 
It was moreover shown that several others were then holding 
these two offices in various States. It was decided that he 
could hold both offices; the foundation of the decision was, 
that one State could not interfere with another in its internal 
administration, w^hich included the selection of its officers. 
Delaware could not interfere with the selection of the Penn- 
sylvania Chief Justice, nor could Pennsylvania restrain Dela- 
ware in her selection of members of Congress ; and Judge 
McKean's seat was properly held and his election as President 
was valid.^ 

On Sunday, September 2d of this year, the American army 
passed through to Philadelphia going south ; followed on the 
3d and 4th by the French troops. As the latter passed 
through, they were reviewed by Thomas McKean, President 
of Congress, who on this occasion, appeared in black velvet 
with a sword at his side, and his head covered. Oh his left 
were Washington and Rochambeau uncovered ; and on his 
right M. de Luzerne, the French minister. As the officers 
saluted in passing, McKean responded by removing his hat ; 
and afterwards complimented the appearance of the various 
corps.^ 

These were the troops marching to victory at Yorktown, and 
not many weeks afterwards, Colonel Tilghman, one of Wash- 
ington's aides-de-camp rode express to Philadelphia, to carry 
the dispatches of his chief, announcing to Congress the joyful 
tidings of the surrender of Cornwallis. " It was midnight 
when he entered the city, October 23, 1781. Thomas 
McKean the President of Congress resided in High street,' 
near Second. Tilghman knocked at the door so vehemently 
that a watchman was disposed to arrest him for disturbing the 

^ Sanderson's Lives. 

'Scharf and Westcott, i., 415. Also Tluicher's Military Journal, Boston, 
1827. 

'Probably a mistake, as be bad recently removed to Tbird stree 



72 



McKEAN FAMILY. 



peace. McKean arose, and presently the glad tidings were 
made known. And as the watchman — an old German 
named Hurry — called the hour he proclaimed in a loud sonor- 
ous voice, " Basht dree o^clock and Gormvallis isJit dahen."^ 
The dispatches were read to Congress at an early hour the 
next morning; and Congress, the same day went in procession 
to the Dutch Lutheran Church, to return thanks to Almighty 
God for the successes of the allied armies of the United States 
and France. Handbills were printed, dated October 24, 1781, 
announcing in large letters : Illumination, — that Colonel 
Tilghman having brought news of the surrender, citizens will 
illuminate this evening from 6 to 9 oclock.^ 

As the time approached for the Supreme Court to meet, 
Mr. McKean, on the 23d of October, 1781, addressed a letter 
to Congress resigning the presidency. Congress accepted the 
resignation on that day ; but postponed the election ot a presi- 
dent until the next day, when on motion of Mr. Witherspoon, 
it was unanimously resolved that Mr. McKean be requested to 
resume the chair, and act as president, until the 1st Monday in 
November. To this he acceded ; and on the 5th, John 
Hanson was elected president. On the 7th a vote of thanks 
was given to Mr. McKean for his services as president. 

THREE REMARKABLE INCIDENTS. 

Three remarkable incidents in the life of Thomas McKean 
deserve especial mention. The first is, that he is the only 
member of the continental congress who retained his seat 
successively, with the exception of one year, from the Stamp 
Act Congress in 1765, and the first continental congress in 
1774, to the peace in 1783. Pennsylvania members were 
limited by her constitution to a term of two years ; but Dela- 
ware did not so limit her delegates. , 

The second incident is, that while sitting in congress as a 
delegate from Delaware, he was appointed Chief Justice of 
Pennsylvania ; — both states claiming him, and holding high 
offices in each. 

^Lossing's Field Book of Rev. ^ 1852, ii., 527. 

'Scharf and Westcott, i., 415-16. This work states that the first news 
was received by a messenger at 3 a. m., October 22, and that CoL Tilghman 
arrived on the 24th, confirming the news; whereupon the event was cele- 
brated. 

3 Original in possession of Henry Pettit, Esq. K facsimile is given in J. J. 
Smith's Amer. Hist, and Lit. Curiosities^ N. Y., 1860, pi. Ix. 



THOMAS McKEAN. 



73 



The third is the number of high offices he held at one 
and the same time. While sittincr as a deleo-ate from Dela- 
ware in Congress, and the chief justice of Pennsylvania, he 
■was a member of the Delaware Assembly and also Speaker, 
and for a while became ex officio President of the of 
Delaware and commander in chief. The year before this, he 
was a colonel of the Pennsylvania Associators, and Chairman 
of the Committee of Inspection and Observation. Subse- 
quently he held at the same time, the three offices of delegate 
from Delaware, Chief Justice of Pennsylvania, and President 
of Congress. In later years he was Governor of Pennsylva- 
nia as will be seen further on. 

When we reflect upon the number of offices he held, we can 
form an estimate of the vast labor he performed, and the un- 
wearied application requisite to master the complicated details 
of litigated cases, essential to the faithful performance of his 
judicial duties. Yet amidst the violence of party animosity, 
in which he was extensively involved, although his holding so 
many offices became the grounds of complaint, yet his enemies 
do not seem to have charged him with any neglect of his duties.^ 

PUBLISHES THE LAWS OF PEXXSYLVAXIA. 

As already noted in a quotation from a letter of Judge 
McKean, he was appointed by the Legislature in 1781 to 
compile the laws of Pennsylvania; which were published the 
next year with the following title : 

" The Acts of tlie General Assembly of the Commonwealth of 
Pennsylvania, carefully compared with the originals; and an 
Appendix containing the laws now in force, passed between tiie 
30th day of September 1775 and the Revolution ; together with 
the Declaration of Independence, the Constitution of the State of 
Pennsylvania, and the Articles of Confederation of the United 
States of America. Published by order of the General Assembly, 
[Arms of the State] Piiila(lelj)liia, Printed and sold by Francis 
Bailey in Market street. MDCCLXXXII." 

On the next page is given the resolution of the Assembly 
April 2, 1781, that Thomas McKean should publish the laws ; 
And below this is his certificate that he has caused this volume 
to be published. The work is briefly known as McKeari's Laws,* 

^National Portraits^ J. B. Longacre and James Herring, vol. for 1839. 
'See John Hill Martin's Berich and Bar of Phil, 1883, pp. 185-8; and 
Hildeburn's Issues of the Press of Pa., 1886, ii., 382, No. 4179. 



74 



McKEAN FAMILY. 



CONVENTION TO RATIFY THE CONSTITUTION OF THE UNITED 

STATES. 

About three years after the treaty of peace was signed, a 
convention was called to meet in Philadelphia, May 14, 1787, 
to frame a constitution for the United States. General Wash- 
ington ^ presided, and after a session of four months the con- 
vention adjourned September 17th, having agreed to the Con- 
stitution. 

Judge McKean was not a member of this convention, yet he 
was neither inattentive, nor inactive with regard to its proceed- 
ings. He had always been an advocate of the just rights of the 
smaller, against the overbearing influence and power of the 
larger states.^ A vote by states was insisted upon by him, in 
the first congress of 1765, and in that held in Philadelphia in 
1774, and the concession was made by the other states. At 
the meeting of the federal convention, he delivered to the dele- 
gates from Delaware, notes of the arguments used on those oc- 
casions, and at the same time offered, in private, his reasons in 
support of the security of the smaller states, to members who 
represented the larger. His influence prevailed; and the 
result was the compromise which pervades the present system.^ 

The constitution having been presented to congress by the 
convention, was referred to the several states for ratification. 
Pennsylvania after a hotly contested election chose delegates 
for that purpose who met in Philadelphia, November 20th, 
1787.* Judge McKean was a member from Philadelphia. 
No business was transacted on the first day. On the 21st the 
names were read and a ballot taken for president, which re- 
sulted : Muhlenberg 30, McKean 29, Gerry 1. It being 
questioned whether any one had a majority, the ^ convention 
decided that Mr. Muhlenberg should take the chair. 

The history of this convention forms the subject of a recent 
work: Pennsylvania a7id the Federal Constitution by John 
Bach McMaster, and Frederick D. Stone, published by the 
Pennsylvania Historical Society 1888 ; in which the proceed- 

^He kept a journal of his social movements, which has been published in 
the Penn. Mag.^ xi., 296 ; and the Philadelphia Times^ July 31, 1887, etc., in 
which be records among other things : "Aug. 18. Dined at Cliief Justice 
McKean's, and spent the evening at home." 

2 See Papers of James Madison, Henry D. Gilpin, 1841, ii., 751-2. 

3 Sanderson's Lives. (In the Senate each State has an equal vote, and in 
the House a vote according to population.) 

*Scharf and Westcott's Phila., i., 426, which gives the date wrongly 21st. 



THOMAS McKEAN. 



75 



ings are detailed at length, and the exciting contests between 
the two parties narrated. A likeness of Thomas McKean is 
also given, with a sketch of his life. 

The Federalists chose for their leaders Wilson and McKean, 
who took the management of the proceedings. After certain 
motions relating to the organization and meetings of the con- 
vention, Judge McKean on the 28d, moved that the constitution 
be read, which was done. On Saturday the 2ith he moved 
that it be read a second time ; and in a short speech said that 
they were situated in a new position, with no rules or pre- 
cedents to guide them, and in order to bring the matter before 
them, he would offer a resolution ; not that he expected it 
would be decided to-day, or in a week ; and that all those 
should be heard who were opposed to the constitution. He 
therefore moved :^ 

'"That this Convention do assent to, and ratify, the Constitution 
agreed to on the seventeenth of September last, by the Conven- 
tion of the United States of America, held at Philadelphia." 

This motion was seconded by Mr. John Allison. The 
business was now before the convention ; Mr. Wilson rose and 
spoke in favor of the motion, in a speech lasting several days. 
The principal speeches are given in Elliot's Debates on the 
Federal Constitution, four vols., Authorized by Congress, 
1836 ; but unfortunately all of them are not reported. The 
opposition was assailed by legal arguments, by sarcasm, and 
by ridicule. Judge McKean said in the course of his remarks, 
that the apprehensions of the opposition respecting the new 
constitution amounted to this, that if the sky falls ive shall 
catch larks; if the rivers run dry^ we shall catch eels; 
and he compared their arguments to a sound, but then it was 
a mere sound, like the workiny of small beer.' 

On the 10th, Judge McKean announced that on the 12th he 
would press for a vote. The debates were closed by a long and 
eloquent speech by Judge McKean on the 11th, embracing a 
clear ana comprehensive view of the whole subject. He un- 
folded, in a masterly manner, the principles of free government ; 
demonstrated the superior advantages of the federal constitu- 
tion ; and satisfactorily answered every objection which had been 
suggested. Arranging these objections under ten heads, he 

*Not on Monday, 2Gth, as given in Elliott's Debates. This error is pointed 
out by Bancroft, United Slates, 1885, vi., 384 ; and Jfist. Formation Const. U. 
S., 1885, p. 384. 

^ Penna. and the Fed. Const., 365. 



76 



McKEAN FAMILY. 



considered them singly, and delivered his refutation of them 
in a lucid and forcible manner. He concluded this powerful 
argument in these words : 

The objections to this constitution having been answered, and 
all done away, it remains pure and unhurt ; and this alone as a 
forcible argument of its goodness. * * * The law, sir, has 
been my study from my infancy, and my only profession. I have 
gone through the circle of offices, in the legislative, executive and 
judicial departments of government; and from all my study, ob- 
servation and experience, I must declare that from a full exami- 
nation and due consideration of this system, it appears to me the 
best the world has yet seen."^ 

The convention was criticised by outsiders in the public press, 
and Judge McKean did not fail to receive his share of criticism 
and abuse from the opposition. In more than one part of the 
State the excitement developed into a riot. In Carlisle, in par- 
ticular, two figures labeled Thomas McKean Chief Justice, 
and James Wilson the Caledonia7i, were burned by the mob.' 

Nevertheless a majority of the people approved the consti- 
tution ; and the next jear a majority of States having ratified 
it by the close of June, a procession to celebrate the event was 
arranged in Philadelphia for July 4, 1788. A description of 
this celebration from the pen of Francis Hopkinson, chairman 
of the committee of arrangements, has been preserved and re- 
cently published. 

The First City Troop headed the escort : Independence was 
represented by Colonel John Nixon, who had read the Decla- 
ration twelve years before at the State House ; The French 
Alliance, by Thomas Fitzsimmons ; The New ^ra, by Rich- 
ard Bache ; The Convention of States, by the Hon. Peter 
Muhlenberg on horseback ; The Constitution^ the Hon. 
Chief Justice McKean, the Hon. Judge Atlee, and the Hon. 
Judge Rush, in their robes of ofiice, seated in a lofty ornamen- 
tal car in the form of an eagle, drawn by six white horses. 
The Chief Justice supported a tall staff, on the top of which was 
the cap of liberty ; under the cap the New Constitution, 
framed and ornamented, and immediately under the constitu- 
tion the words The People in large gold letters afiixed to the 
staff. Next came ten gentlemen of social distinction, repre- 
senting the ten States which had ratified the constitution ; The 

1 Sanderson's Lives, and Elliofs Debates, 1888, ii., 542. 
^Independent Gazetteer, 3 diXi. 9, 1Y88, as quoted m Penn. and Fed. Const. 
p. 488 ; see also McMaster's Hist. People of U. S., i., 475. 



THOMAS McKEAN. 



77 



Foreign Consuls ; The Hon. Francis Hopkinson, representing 
the Admiralty ; The Society of the Cincinnati ; various other 
societies, professions and trades brought up the rear.^ 

THE CASE OF OSWALD, AND IMPEACHMENT PROCEEDINGS. 

This case came before the Supreme Court in the July term, 
1788.^ Eleazer Oswald, editor of the Independent Gazetteer, 
was defendant in a suit then pending, and published an article 
against Andrew Brown. Brown demanded the name of the 
author, which Oswald declined to give ; he then brought suit, 
whereupon Oswald on the 10th of July published another piece 
over his own signature, which was the ground of the case com- 
ing before the Supreme Court. Chief Justice McKean consid- 
ered that the publication would inflame the public, and preju- 
dice those who may be summoned as jurors. He then asked 
Oswald certain interrogatories, which Oswald refused to an- 
swer. Oswald was then, by the unanimous opinion of the 
judges, held in contempt, and sentenced to a fine of jGIO, and 
to be imprisoned " for the space of one month, that is from the 
15th day of July to the 15th day of August." The sentence 
was, however, entered on the record, " for the space of one 
month," omitting the explanatory words following. At the 
expiration of the legal month (twenty-eight days), Mr. Oswald 
demanded his discharge, but this, the sheriff, who had heard the 
sentence pronounced, refused to grant until he had consulted 
the Chief Justice. Judge McKean, remembering the meaning 
and words of the court, told the officer that he was bound to 
detain his prisoner until tlie morning of the 15th ; but having 
shortly afterwards examined the record, he wrote to the sheriff 
that agreeably to the record there, Mr. Oswald was entitled to 
his discharge. 

On the 5th of September 1788, Mr. Oswald presented a 
memorial to the General Assembly, in which he stated the 
proceedings against him, and complained of the decision of the 
court ; and the direction of the Chief Justice to the sheriff, by 
which he alleged his confinement had been illegally protracted; 
and concluded by asking the impeachment of the judges. The 
House in committee of the whole, considered this matter three 
days and examined witnesses. William Lewis made an elab- 
orate argument in vindication of the judges ; Mr. Findley 

*Scharf and Westcott, i., 447 el teq.; Philadelphia Timet, Sept. 11, 1887. 
'1 Dallas, 319; Scharf and Westcott, i., 426. 
6 



78 



McKEAN FAMILY. 



spoke on the other side, and Mr. Fitzsinimons then made a 
motion that there was no cause for impeachment. After 
several unimportant motions, one by Mr. Findley claimed the 
attention of the house : That the action of the judges was an 
unconstitutional exercise of power ; and directing the next 
Assembly to define the nature and extent of contempts and 
direct their punishment. Mr. Findley ably supported his 
resolution ; but Mr. Lewis^ satisfactorily answered him, that 
the legislative power is confined to mah'mg the law, and can- 
not interfere in the interpretation, which is the natural and 
exclusive province of the judiciary ; and secondly, the recom- 
mendation to the succeeding assembly would be nugatory, for 
the courts of justice derive their powers from the constitution, 
a source paramount to the legislature, and consequently what 
is given to them by the former cannot be taken away by the 
latter. Mr. Findley's motion was lost by a considerable ma- 
jority, and Mr. Clymer then renewed Mr. Fitzsimmons' original 
motion, which was adopted, and the memorial of course re- 
jected.'^ 

In pronouncing the judgment of the court in the case of Os- 
wald, Chief Justice McKean made the following remarks : 

" Some doubts were suggested whether even a contempt of the 
court was punishable by attachment. Not only my brethren and 
myself, but likewise all tlie judges of England, think that without 
this power no court could possibly exist ; nay, that no contempt 
could indeed be committed against us^ we should be so truly con- 
temptihle. The law upon the subject is of immemorial antiquity, 
and there is not any period when it can be said to have ceased or 
discontinued. On this point, therefore, we entertain no doubt." 

These observations have since been repeatedly quoted as 
conclusive on the subject of contempts ; and were cited with 
approbation in the famous debate in January, 1818, in the case 
of John Anderson in the house of representatives of the 
United States.^ 

Lossing in his Lives of the Signers, referring to this matter, 
says, "It was like 'the viper biting a file.' " And a late judge 

1 The impeachment resolution was chiefly defeated by the eloquence of 
"William Lewis. — Brown's Forum. 

2 Sanderson's Lives. 

3 Ibid. Col. John Anderson attempted to bribe a member, and a long 
debate ensued as to whether the House could punish him. Joseph Hopkin- 
son quoted a portion of the above paragraph. See Journals H. R., Fifteenth 
Cong., 1st Sess.; Silso Debates and Proceed., Gales and Seaton, 1854, Fifteenth 
Cong., 1st Sess , pp. 722, 580 et seq. 



THOMAS McKEAN. 



79 



of the Supreme Court, writing in Hazard's Rpgister of Penn- 
sylvania^ on the Bench and Bar, says of Chief Justice Mc- 
Kean: "Many charges were made against him, finally, and 
attempts were made to impeach him ; but all proved abortive, 
and only shed new lustre upon his character." 

This is not the only instance in which the legislature at- 
tempted a wholesale impeachment of the Supreme Court for 
political purposes. Another case occurred in 1804, which will 
be noticed in its proper place. 

PENNSYLVANIA CONSTITUTIONAL CONVENTION, 1/89. 

This Convention met on Tuesday, November 24, 1789, to 
frame a constitution for the State. It was at first proposed to 
reform the old constitution then in force, which was very defec- 
tive, with but a single legislative branch ; but this was after- 
wards abandoned as hopeless. Judge McKean was a delegate 
from Philadelphia. Being resolved into committee of the 
whole, December 1st, in which the subject was chiefly discussed. 
Judge McKean was elected chairman. He therefore could not 
take part in the debates ; he was, however, the aut-hor of the 
clause making provision for the establishment of schools 
throughout the States, so that the poor may be taught gratis. 
On his retirement from the chair January 29, 1790, he received 
a vote of thanks from the committee.* 

MINOR MATTERS. 

A few years before this. Judge McKean was appointed by 
Congress by a circuitous sort of ballot, one of nine judges to 
settle a certain territorial claim between the states of Georgia 
and South Carolina. James Madison and James Duane were 
among the judges chosen.' 

Washington's birthday was celebrated in 1790 by the Soci- 
ety of the Cincinnati ; and Cliief Justice McKean did not think 
it beneath himself to march in procession with them through the 
streets.* On the 17th of April occurred the funeral of Benja- 
min Franklin. The pall bearers on this occasion were, the 
President of the State, Thomas Mifflhi ; the Chief Justice, 
Thomas McKean ; the President of the Bank, John Morton ; 

» iii., 241. 

' Sanderson's Lives. 

* Journals, Sept. 13, 1786. 

♦Scharf and Westcott, i., 463. 



80 



McKEAN FAMILY. 



Samuel Powell, William Bingham, and David Rittenhouse, 
Esqs., accompanied by the city officers, militia, and others.^ 

During this same year was organized the Hibernian Society 
for the relief of emigrants from Ireland. A number of benev- 
olent gentlemen (among whom were several members of the 
Friendly Sons of St. Patrick, which society it superseded) met 
together on the 22d of March, and agreed upon a constitution, 
under which, on the 5th of April, the officers were elected, as 
follows : President, Hon. Thomas McKean ; Vice-President, 
General Walter Stewart ; Secretary, Matthew Carey : Treas- 
urer, John Taylor ; with other subordinate officers. The so- 
ciety was incorporated under the laws of Pennsylvania, April 
27, 1792, upon the petition of Thomas McKean and fifty-eight 
others. The records being imperfect from 1793 to 1813, it is 
not known how long Judge McKean served as president. The 
society is in a flourishing condition at the present day, being 
in possession of an investment fund of $70,000.^ 

In 1794 occurred what is known as the Whiskey Insurrec- 
tion, in the Western part of Pennsylvania. Extreme coercion 
was about to be employed, and troops were called out by the 
general government, when Judge McKean suggested a mild 
and pacific course, which prevailed. Chief Justice McKean 
and General William Irvine were appointed commissioners on 
the part of the state ; and James Ross, Judge Jasper Yeates 
and William Bradford (U. S. Attorney General), on the part 
of the United States.^ On their way home after leaving Car- 
lisle, two hundred men marched in, with the hope of catching 
Judge McKean and Judge Yeates, who was in his company ; 
but being disappointed in seizing the judges, burned them in 
effigy.* Of this great uprising, much has been written; there 
is a full account in the Pennsylvania Colonial Records, vol. 
iv, by Linn and Egle, 1876. 

Towards the close of the year 1792 occurred the second 
presidential election, in which Chief Justice McKean took part 
as a presidential elector from the 3d Pennsylvania district. He 
cast his vote for Washington, who received the unanimous votes 
of all the electors, and who in due time entered upon his sec- 
ond term of office.^ 

^Ibid., i., 458 ; Histor. Mag. of Notes and Queries^ i., 83-4, 
'Pamphlets of the Society, 1887-9. 

^ Hist. Whiskey Insurrection^ H. M. Breckenbridge, 1859, p. 190; also Egle's 
Hist. Penn., i., 227. 

*Hildrith's >S'., iv., 505-11. 
'Lanman's Biog. Annals. 



THOMAS McKEAN. 



81 



WRITES A COMMENTARY ON THE CONSTITUTION. 

During this same year, Thomas McKean and. James Wilson 
published a work with the following title : 

" Commentary on the Constitution of tlie United States of 
America, with that Constitution prefixed, in which are unfolded 
the Principles of free Government; and the superior Advantages 
of Republicanism demonstrated." By James Wilson, LL. D., and 
Thomas McKean, LL. D. T. Lloyd. 8vo., pp. 147. 3 s. De- 
bret, 1792. 

Both of the authors were signers of the Declaration, and they 
had been the two principal leaders in the convention which rat- 
ified the constitution. McKean was Chief Justice, and Wilson 
an associate justice of the Supreme Court. Wilson was also at 
that time professor of law in the University of Pennsylvania. 
This work was favorably commented upon by that standard 
publication, the London Monthly Review for October, 1792 
(iii, 155), which concludes as follows : 

" Tlie publication must be perused throughout in order to form 
an idea of the good sense, and manly eloquence of the speeches 
here made public.^ 

COMMOTIONS CAUSED BY JAY'S TREAY. 

The revolution which dethroned Louis XVI now broke out 
in France, and England with other countries declared war 
against her. Very naturally the popular sympathy in the 
United States was with France our old ally, and against Eng- 
land our late enemy. Assistance to France was proposed by 
many ; and opposed by others, who raised the objection that 
the country had no resources, and was as yet but feebly 
established. To avert a war, a secret treaty with England 
was concluded by John Jay at London, November 19, 1794. 
On being made public in June following, a few days after its 
ratification by the Senate, (June tilth,) it was received at first 
with an almost united roar of execration throughout the land.'^ 
Public meetings in various places gave expression to the feel- 
ing against it. 

In Pliiladelphia a meeting was held July 24th, at which Dr. 
William Shippen presided. Governor Mifllin, Chief Justice 
McKean, Frederick A. Muhlenberg, David Rittenhouse, Alex- 

*See also Penn. Mag.^ xi., 271 ; Allibone's Did. of Authors^ art. McKean. 
'Randall's Thomas J ejfer son, iii., 258-G5-6G. 



82 



MoKEAN FAMILY. 



ander J. Dallas, Charles Pettit, Thomas Lee Shippen, Jared 
Ingersol, Blair McClenachan and others were mounted on a 
stage and favored war with England. The treaty was read, 
and then contemptuously thrown off the stage. It was caught 
up by a crowd, who marched with it to the house of the 
British Minister and to Senator William Bingham's, where the 
treaty was publicly burned.^ Nevertheless the treaty was 
proclaimed and war averted, — happily so for the country. 
John Adams, who favored the other side of the question, re- 
ferred to this matter in a letter to Thomas McKean dated June 
2, 181 2, as follows : " Nearly thirty-eight years ago our friend- 
ship commenced. It has never been interrupted to my knowl- 
edge but by one event."^ Their friendship however after that 
event continued unbroken to the end. 

A PRESIDENTIAL ELECTOR. 

At the third presidential election in 1796 Adams and Jeffer- 
son were the two principal competitors. Chief Justice McKean 
headed the republican list of Presidential Electors in Penn- 
sylvania, being one of the two electors at large, — the second 
time he had filled this position. Pennsylvania was entitled to 
fifteen electors, and among those from the congressional dis- 
tricts, were Joseph Pliester afterwards Governor, General 
William Irvine, Colonel Samuel Miles, and Peter Muhlenberg.* 
This ticket, which favored Thomas Jefferson, was elected, re- 
ceived 12,306 votes in the state, against 12,181 for the whig 
ticket headed by Whelen, which favored Mr. Adams.* At the 
election, Mr. Jefferson received fourteen of the fifteen votes. 
Mr. Adams however had a majority of the whole number cast 
and was elected president. 

t 

HEATED POLITICAL AFFAIRS. PETER PORCUPINE'S LAWSUITS. 

Politics still continued to agitate the people, the newspapers 
being not the least of the causes, which kept up the excite- 
ment. William Duane of the Aurora was particularly abusive 
in all his writings. At length, as we may read in McMaster's 

ilbid., and Scharf and Westcott, i., 475-81. 

2 Tfbr/cs, by his grandson, C. F. Adams, 1856, x., 13, and Sanderson's 
Lives. 

'Lanman, Biog. Annals, p. 514. 
* Scharf and Westcott, i., 485. 



THOMAS McKEAN, 



83 



History,^ weary of this abuse, a number of militiamen, led by 
Joseph B. McKean, son of the Chief Justice, one afternoon in 
May waited on the editor, and demanded an apology. Mr. 
Duane refused ; whereupon he was seized, dragged down 
stairs, and flogged in the public street. For this chastisement, 
Duane entered suit against Joseph E. McKean and thirty 
others ; but they were acquitted after the suit had hung on for 
several years.* 

Notwithstanding this, Duane took sides with Judge McKean 
in his canvass for governor ; but like many politicians turned 
against him eventually. His wholesale abuse brought him 
continually into trouble. In February, just before the episode 
above related, he became involved in a quarrel with the con- 
gregation of St. Mary's church ; and together with Dr. James 
Reynolds was arrested and brought before the mayor. Judge 
McKean appeared in their behalf, much to the dissatisfaction 
of the opposite party 

Duane continued his abuse, and the opinion with which he 
was regarded by the opposition may be seen from tlie follow- 
ing extract from the FederaliBt or N^w Jersej^ Gazette, 
August 5, 1799. " On Tuesday last, Duane the infamous 
Aurora man was arrested by the marshall of the district of 
Pennsylvania upon a warrant from Judge Peters, for publish- 
ing in the Aurora of the 24th ultimo^ a gross and virulent 
libel upon the government of the United States." The libel, 
the editor then goes on to say, was, that in 1798, the British 
government distributed $800,000 among officers of the United 
States as secret service money. 

There was another also who took part in the politics of these 
times, so distinguished as a writer that he deserves more than 
a passing notice ; and that person is William Cobbett, whose 
ready and sarcastic pen kept him ever in trouble. He was 
the editor of a weekly paper,- -7V<t? Gazette^ and wrote under 
the pseudonym of Peter Forcupine^ 

^Ilist. People of U. S., ii., 439. 
'Scharf and Westcott, i., 497, 533. 

»Scharf and Westcott, i., 497. Also Wharton s State Trials of the U. S., 
1849, p. 345. 

*He was born in England in 17G2, came to Philadelphia, and edited Por- 
cupine's Gazette, in which he attacked and slandered almost every one ; 
thereby becotning involved in suits for slander without number. Of all the 
opponents of Thomas McKean during his exciting canvass for (Jovernor, 
Cobbett was the most rancorous. He "boasted of having immortalized the 
Governor in every country where the English language is spoken." {Loy- 



84 



McKEAN FAMILY. 



In this paper in 1797, Cobbett slandered the Spanish Min- 
ister, Senor Martinez de Yrujo, and the Spanish King, calling 
the former, whom he nicknamed Don Yarico, a fop, half don 
and half sans-culotte ; and the latter a poor degraded creature. 
For this, Senor Martinez de Yrujo complained against Cobbett, 
and he was bound over in the District Court char^red as a com- 
mon libeller ; but broke his conditions and the cause then came 
in the Supreme Court before Chief Justice McKean. The 
defendant petitioned to have his case transferred to the Circuit 
Court; but the Supreme Court rejected it. Chief Justice 
McKean presided at the trial. ^ "His charge to the jury was 
a fine one. His explication of the law of libel did him credit," 
says McMaster^ the historian, but adds that the Chief Justice 
turned libeller upon the prisoner at the bar. Cobbett was 
acquitted by a single vote, (10 to 9.) It is stated in the Life 
of Cobbett, that Chief Justice McKean then determined to 
suppress Cobbett's wholesale abuse, and collecting a number of 
his pamphlets, compelled him on his own authority as Chief 
Justice to go under bonds to keep the peace, and be of good 
behavior.^ Cobbett, in his inimitable style, relates this in a 
letter to Dr. Joseph Priestly, as follows* — 

" He then collected a bundle of my pamphlets and papers, and 
thereupon issued a warrant, . . . [which] stated that I had published 

alist Poetry of the Revolution^ p. \^\.) After McKean's election he sailed for 
England, and it was thought that he would favor the royalist side, since he 
had opposed the republican form of government in America ; but no, his 
pen at once turned against the king and ministry, and he was soon con- 
victed of various libels against the government and individuals, fined and 
imprisoned. 13y one of those strange freaks of fortune, he was elected to 
Parliament, but failed signally in that sphere, making several blunders. 
Allibone says that in Parliament he " roared as gently as any sucking dove." 
Southey declared that "As an author he stands very high ; tlfere never was 
a better or more forcible writer. In public he seemed almost against every 
one." [New Am. Encycl.) Judgments of the courts against him for dam- 
ages he deemed as robbery ; Parliament he considered little better than a 
mob for laughing him down. So even in his Grammar of the English Lan- 
guage (Letter xvii., ^ 181) he cannot conceal his sarcasm, as the following 
singular extract will show : " Nouns of number or multitude, such as Mob, 
Parliament, Rabble, House of Commons, Regiment, Court of King's Bench, 
Den of Thieves, and the like, may have pronouns agreeing with them either 
in the singular or plural number." See his Life, How to Get on in the 
World," Robert Waters, N., Y., 1883. 

13 Dallas, 467, December term, 1798; also reprinted in State Trials of 
the U. S., Francis Wharton, LL. D., Phila., 1849. 

^Bist. of People of U. S., 1855, ii., 353. 

^Eow to Get on in the World, R. Waters, N. Y., 1883, p. 60. 
^The Rush Light, Cobbett's Works, xi., 427. 



THOMAS McKEAN. 



85 



certain false and malicious libels against himself, Mifflin, Dallas, 
Jefferson, Munroe, Gallatin, old P^ranklin, the Duke of Bedford, 
Charles Fox, Sheridan, Lord Stanhope, Bonaparte, the Bishop 
of. Bergamo, Pichegru, Robespierre, Talleyrand, Parker the 
mutineer, Napper Tandy, Arthur O'Conner, — and the devil 
knows whe besides." 

ELECTED GOVERNOR OF PENNSYLVANIA. 

In October 1799, after a furious political contest with James 
Ross, Thomas McKean was elected Governor of Pennsylvania. 
There were two political parties: the Republican or Demo- 
cratic- Republican., (a term which came into use about this 
time,) and the Federalist. The former, which was against the 
encroachments of the federal government, supported McKean ; 
the latter, which favored the strong measures of the govern- 
ment, voted for Ross.^ McKean received 38,036 votes against 
32,643 for Ross, a majority of 6393 \^ The election marked an 
important era in politics ; for it brought in power the new 
party which was afterwards destined to rule the country for 
many years. 

HIS ELECTION OPPOSED BY COBBETT. 

One of the most bitter opponents of Thomas McKean in the 
canvass for governor was William Cobbett. He had never for- 
given the Chief Justice for his decisions in those previous 
lawsuits, and now his aggravating sarcasm, his great fluency of 
expression, and his pointed and undisguised statements, made 
him an opponent by no means to be despised. But the 
acrimony of the contest having long since passed away, an 
account of his attacks cannot fail to be interesting, but will 
doubtless now provoke merely a smile from the reader of these 
pages. The author does not guarantee the truth of the state- 
ments quoted ; but that may also be a feature of Cobbett's style : 

Jvdge McKean : This vile old wretch who now disgraces the 
courts of the unfortunate State of Pennsylvania, was formerly a 
stable-man at a tavern in Ciiester county. The following lines 
allude to his state of innocence : 

" Old Toper, to currying horses was bred, 
But tir'd of so humble a life, 

^Life of Thomas Jefferson^ Henry S. Randall, ii., 506. 
Legis. Handbook of Pa., T. B. Cochran, 1889, for the votes in detail; 
Scharf and Westcott, i., 498 ; see also Hildrith's U.S., v., 314. Ilildrith 
gives the votes each 10,000 too small. 



86 



McKEAN FAMILY. 



To currying favor he turned his head, 
And 's now curried himself by his wife."^ 

In another place, with great sarcasm, he says : 

''His [McKean's] grandfather was an Irishman who emigrated 
with the consent of his majesty and twelve good and true men."^ 

It would be strange if Cobbett's abuse should overreach 
itself and turn in McKean's favor. Can it be that Cobbett here, 
with a little confusion of generations, alludes to the Claver- 
house jury mentioned in the Introduction ? If so, it settles 
the matter in the afiBrmative that the Pennsylvania and the 
New England McKeans have the same origin. 

In regard to naturalizing foreigners, no one ever represented 
the matter in such a light as Cobbett in the following sentence : 

" McKean. This honorable personage is not only canvassing as 
he goes his circuit (gracious God !), he is not only soliciting votes 
of the present citizens, hut he is absolutely making new ones."^ 

Accusing McKean of trying to conciliate the Quakers whom 
he offended by the execution of Roberts and Carlisle, Cobbett 
writes : 

Now by St. Paul the work goes bravely on ! !' Nothing that 
I ever saw or ever heard of would please me half so well as to see 
'77?e Honor, the Doctor of Laws, Esqr.,' in a broad-brimmed hat 
and a cape coat. But halt ! What shall we do with the three 
tailed wig ? It must not hang dangling down over a piece of 
smooth mouse-colored cloth ; and as to a cap, it would never suit 
either a judge or a governor. A red liberty cap, indeed, some 
governors have been proud to wear ; but this, I take it, would suit 
worse with a Quaker coat than even a three tailed wig. Notwith- 
standing this difficulty, however, I sincerely hope the conversion 
will take place.* 

About this time Cobbett turned his attention to Dr. Rush, 
charging that he bled his patients to death. Finally Rush 
sued him, and the case came before Chief Justice McKean, 
governor elect, but still in the bench, and Judge Shippen. 
Shippen then came in for his share of abuse, as well also as the 
counsel engaged, namely, Joseph Hopkinson (son of the signer 
and author of " Hail Columbia"), and Edward J. Coale (men 

^Porcupine's Works, by William Cobbett, London, 1801, 12 vols., vii,, 300, 
Gazette Selections. 
3 Ibid., vii., 333. 
3 Ibid., X., 206. 
Mbid., X., 212. 



THOMAS McKEAN. 



87 



tioned elsewhere in this genealogy), a relative of Hopkinson, 
and a student in his office. Dr. Rush got a verdict of $5000.^ 

Finally, when the election drew nigh, with every prospect of 
McKean's success, Cobbett became so wrought up that he pub- 
lished the following threat : 

"I know Mc'Kean, and I know that it is my duty, my bounded 
duty to my subscribers in this state, to use all my feeble efforts 
to preserve them from the power of such a man. From private 
considerations, there is no man who need care less about the issue 
of the election than myself. It is out of McKean's power to hurt 
me. I IV ill never live six months under his sovereign swcty.""^ 

True to his threat, on the news of the election of McKean, 
Cobbett prepared to leave Philadelphia; but was not able to 
do so before execution was levied by Dr. Rush and others on 
his personal effects that swept away nearly all his property.' 

He inserted in the Federalist or Neiv Jersey Gazette of 
December 16, 1799, the following advertisement: 

"William Cobbett liaving, (in order to avoid the disgrace 
of living under the Government of MacKean,) removed from 
Philadelphia to New York, requests all those who may have 
occasion to write to him, to direct their letters to the latter city. 
No. 141 Water street." 

On his arrival in New York he published the following 
card (January 1800) : 

To the subscribers of this Gazette : Remembering as you must 
my solemn promise to quit Pennsylvania, in case my old demo- 
cratic Judge MACK KEAN should be elected Governor ; and 
knowing as you now do that he is elected to that office, there are, 
I trust, very few of you who will be surprised to find that I am no 
lonj^er in tiiat dejrraded and deprradinf? state."* 

He published the Rush Lic/ht in New York for a while, in 
which he continued his abuse on Rush, McKean, Shippen, 
Hopkinson, and Harper ; and ended by consigning all Phila- 
delphiars to perdition, and sailed for Europe.^ 

The democratic-republicans went wild over the election of 
Thomas McKean, for it was the first triumph of the new j)arty. 
Addresses were made to him, in various places ; and bancjuets 
given, in which he was toasted. In the Aurora of November 

1 Ibid., xi., 360-3. 
'Ibid., X., 190. 

"Scharf and Westcott, i., 497. 
* Cobbell's Works, xi., 137. 
*Scharf and Westcott, i., 499. 



88 



McKEAN FAMILY. 



9th, appeared one of the party songs, which concluded as 
follows: 

The day of election the Tories regret, 
Five thousand and odd 's a majority great; 
So here 's to the health of Republican Green 
And Republican Blue and old Thomas McKean. 

On the 6th of November, at a town meeting held in Phila- 
delphia, an address was prepared congratulating the governor- 
elect upon his success. To this. Judge McKean replied that 
under his administration their happy system of government, 
raised on the sole authority of the people, would, he trusted, 
by the favor of God, be continued inviolate ; that neither 
foreign nor domestic enemies, neither intrigue, menace, nor 
seductions should prevail against it ; and that the constitution 
of the United States and of Pennsylvania, should be the rule 
of his government.^ The reply created some stir at the time, 
on account of its strong partisan language, and it was after- 
wards brought up against him.^ 

TAKES THE OATH OF OFFICE. HIS REMOVALS FROM OFFICE. 

Judge McKean took the oath of office as governor on the 17th 
of December, 1799. In the Federalist^ or New Jersey Gazette, 
of December 23d, 1799, is the announcement that McKean was 
proclaimed Governor of Pennsylvania on the 18th instant,^ also 
that Edward Shippen is appointed Chief Justice, and Hugh H. 
Brackenridge, of Pittsburg, a Judge of the Supreme Court. 
This paper is deeply edged with black, as it contains the an- 
nouncement of the lamented decease of General Washington. 

As soon a's Governor McKean entered upon his duties, he 
began a series of removals from office, of various persons, high 
and low, which he deemed for the public good. In a letter to 
John Dickinson, June 23, 1800, he says: "I have waded 
through a sea troubles, and surmounted my principal difficulties. 
I have been obliged (though no Hercules), to cleanse the 
Augean stable^ with little or no aid ; for I am my own minis- 
ter and amanuensis."* 

Governor McKean, as might be expected, was attacked by 

^ Sanderson's Lives. 

^Scharf and Westcott, i., 504. 

' A mistake for iVth. 

* Sanderson's Lives, where a lengthy defense of these removals is entered 
into. In some of the volumes of Penn. Senate Journal may be found long 
lists of the Governor's appointments, 1805-6-7, and thereabouts. 



THOMAS McKEAN. 



89 



his political opponents, and his course ascribed wholly to polit- 
ical antagonism. Alexander Grajdon was one of those removed 
by him. He was performing the duties of prothonotary of 
Dauphin county " until his sudden expulsion by McKean, to 
whom," he says, "belongs the unenviable distinction of being 
the father of political proscription in the United States,"^ 
Charles Biddle, also a contemporary, says of the Governor, "I 
knew he was very much provoked at some severe pieces, writ- 
ten against him by my nephew, Mr. Marks John Biddle. How- 
ever, Governor McKean and myself had always been upon good 
terms, and I had a high esteem for him, believing him to be a 
very honest man, although a very violent one, who had no com- 
mand of his temper; but spoke whatever he thought upon all 
occasions." Although Mr. Graydon, who was remotely con- 
nected with the governor by marriage, was turned oat of office, 
yet Biddle was retained, though he had every expectation of 
being removed.^ 

His political enemies, the Federalists, berated Governor 
McKean, as may be seen from the two following extracts from 
The Administrations of WasJiingto7i and Adams — the Fed- 
eral Admiriistrations :^ " After all, McKean is a better gov- 
ernor than Mifflin. He won't corrupt society more, if as much, 
and the work he does will be more open." (Letter of Chaun- 
cey Goodrich, Hartford, Nov. 18, 1799.) " McKean's ad- 
ministration has brought forward every scoundrel who can read 
and write, into office or expectation of one, and the residue of 
Democrats, with the joy and precocity of the damned, are enjoy- 
ing the mortification of the few remaining honest men and Fed- 
eralists." (Letter of Uriah Tracy, Pittsburg, Aug. 7, 1800.) 

"Mr. McKean's gubernatorial career," says a recent biogra- 
pher," was marked by great ability, and produced beneficial re- 
sults to the commonwealth. He was a rigid partisan, well dis- 
ciplined in tactics, a devout believer in the Jelfersonian maxim 
that, ^ to the victors belong the spoils.' In carrying out his 
specific views of this theory, his wholesale removals of political 
opponents Avas unprecedented in our early history.*" 

The Federalists in the legislature now attacked Governor 
McKean for his speech on the 6th of November, as well as for 
his removals. It was moved in the House of Representatives 

^Memoirs of His Own Time, 1846, p. xiii. 

^ Autobiog. Ch. Biddle, by Craig Biddle, 1883, p. 383. 

' Geo. Gibbs, 2 vols., N. Y., 1846, ii., 288, 399. 

* Nevin, Continental Sketches of Distinguished Pennsylvanians, 1875. 



90 



McKEAN FAMILY. 



to condemn him, but that branch containing a majority of 
Democrats, the vote was lost.^ The Senate, however, passed a 
resolution condemning him, to which he made a long reply, 
" declaring that the objectionable expressions were uttered 
before he assumed office ; and that as regarded his removals 
from office, he relied upon his right to make such changes as 
he deemed proper without accountability to any person or 
party — a reply characteristic of his firmness of purpose in 
what he believed to be right. 

His object in removing opponents was not to make places 
merely for political friends, but to secure efficiency and har- 
mony to his rule. For when the aifairs of his administration 
once became settled on a firm basis, he did not adhere exclu- 
sively to his own party in making appointments. He twice 
elevated to the highest position in his power to bestow, that of 
chief justice of the state, gentlemen whose political views were 
adverse to his own.' 

In verification of this statement, the following anecdote may 
properly find a place here. When Tilghman was nominated 
for chief justice, a committee was sent, who announced them- 
selves as representing the sovereign people, the great democ- 
racy^ of Philadelphia, and declaring that they could never ap- 
prove this nomination. The governor listened with his usual 
haughty courtesy, and bowing profoundly, replied, " Inform 
your constituents that I bow with submission to the great de- 
mocracy of Philadelphia ; but, by God ! William Tilghman 
shall be chief justice of Pennsylvania." And he was.*' He 
received his appointment February 28, 1806. 

Another anecdote is related, of an appointment which can- 
not be charged to political reasons. A very worthy man 
(John Goodman) applied to him for a commission as justice of 
the peace ; but stated very frankly that he had no certificates 
or backers. "Never mind," said the Governor, " I require 
none ; and if any one should ask you how you got your ap- 
pointment, tell him that Thomas McKean recommended you, 
and the Governor appointed you."* 

Not long after this. Governor McKean removed his nephew 
by marriage, Joseph Hopkinson, and appointed John Beckley 

^Scharf and Westcott, i., 504. 
^Egle, Illust. Hist, of Penn., i., 234-5. 

' Armor, Lives of Govs, of Penn.^ p. 303 ; see also Saadersoa's Live*. 
*R. H. Dayis, in Harp. Mag., lii., 872. 
* David Paul Brown, The Forum, i., 345. 



THOMAS McKEAN. 



91 



to the office. A controversy ensued over this in which Joseph 
B. McKean appeared in behalf of his father. Governor 
McKean was also assailed for participating as Grand Sachem 
at an anniversary celebration of the St. Tammany Society, 
May 12, 1800, at Buck Tavern, Moyamensing. The cere- 
mony was burlesqued in the Phila. Gazette of June 2d, 1800.^ 

Next President Adams made an appointment which set in 
motion a lively controversy. He appointed Alexander J. 
Dallas district attorney, which gave dissatisfaction, as Dallas 
was already Secretary of the Commonwealth. He resigned 
the latter, and Governor McKean appointed him Recorder of 
Philadelphia. The common council objected to this, as he 
held two offices. Proceedings were had and the case was 
argued by Hopkinson, Lewis and Tilghman for the councils, 
and by Joseph B. McKean and Ingersoll for Dallas. The 
defendants (Dallas) won the case, and the legislature at the 
next session took up the matter and passed a law prohibiting 
a person from holding both state and federal offices. Governor 
McKean vetoed this, as he could not admit thereby that he 
had done any wrong in appointing Dallas as Recorder. The 
House passed the bill over his veto and Dallas resigned.^ It 
is readily seen that the root of this controversy was, that the 
law or custom of holding more than one office, was not then 
well defined, as it is now ; and such cases as the above-related, 
assisted materially in settling the law and custom. 

In justification of Governor McKean's removals from office, 
I know of no stronger argument, than that which may be drawn 
from the writings of his opponents themselves. 1 will first 
cite William Cobbett, in regard to the dilemma of Governor 
Mifflin's appointees to office:^ 

'* Two candidates offered, Ross and McKean. In the latter 
they remembered in<leed the old revolutionist ; but they also re- 
membered that he was not a Mifflin. Keen, vigihmt, persever- 
ing, tyrannical and vindictive as they knew McKean to be, they 
were afraid to give him their support lest they should have liim 
for a mast(a- ; and afraid to op[)Ose liim lest they should be dis- 
pLiced. Being at hist fully persuaded that Ross would succeed, 
they openly ;jave him their support. They were egrejjiously de- 
ceived. McKean was elected by a vast majority; and though his 
great age was one of the objections they affected to have against 

*Scharf and Westcott, i., 504. 
Mbid., i., 509. 
^Works, xi., 387. 



92 



MoKEAN FAMILY. 



him, he soon made them feel that he was not deficient in point 
of energy. 

" The first step he took was to annul all commissions during 
pleasure, granted by his predecessor. He had previously obtained 
exact information respecting the electioneering conduct of every 
one of the civil officers, whom he had power to displace ; and ac- 
cording to this, he made out his list of proscription. He swept 
the poor fellows off* by dozens, with as little ceremony as a foul 
feeding glutton brushes the flies from the meat he is himself going 
to devour." 

Had Governor McKean transcended his legitimate powers 
one iota, or overstepped the law in the smallest particular, 
would not Cobbett have eagerly seized upon it? The fact 
that Cobbett does not bring such a charge is circumstantial evi- 
dence that Governor McKean did not overstep the laws in his 
removals. He first annulled the commissions ^' during 'pleas- 
ured^ he then made a list of those '''•whom he had povjer to 
displaced He had a clear right to remove these two classes. 
As to the office holders, Cobbett depicts them in an unenviable 
light, weak, unreliable and insincere to either candidate, think- 
ing solely how to retain their offices. The removals are thus 
seen to be not contrary to law^ although contrary to custom. 

The letter of Chauncey Goodrich, quoted a few pages back, 
says, "the work he does will be more open," thus testifying 
that Governor McK can's work is not done in secret or in the 
dark, but is open to the criticism of his adversaries. The 
other letter quoted contains abuse, but nothing against McKean 
more than its language is against its own author. Cobbett's 
attacks, as may be seen from the extracts given, were generally 
abuse, or ridicule, that may have influenced some at that time. 
Such evanescent attacks contain but little to influence posterity. 

The photolithographed facsimile of a printed hand-bill on 
the opposite page, is given as a curious memento of these tur- 
bulent times. It has been preserved in the family, and is now 
in possession of the author. The photolithograph is reduced 
two-thirds of the original size.^ 

The news that the presidential election between Jefferson 
and Burr had resulted in a tie, was known towards the close of 
the year 1800, and much elated the democratic republicans, 
as the election would then be thrown into the House of Re- 
presentatives. Meetings, festivals, and banquets were held in 

^The paper is torn and the print worn away in places. It is not known 
who wrote the line at the bottom. 



BY DESIRE OF 

GOVERNOR M'KEAN. 

Who means to honor the Theatre with his prefertce, 
THIS evening:, January 2, 1800, 

At the Houfe of Mr. LENEGAN, in Eajl King-Jireet, Lancajler, 
At the Sign of the White Horfe. 

5P*>cptomEs -£?^ENTLEMEi^-t5f ismcafter are ref* 
pe(ftfully informed, that this evening will be prefent- 
ed the greateR variety of amufements that has ever 
tjeen exhibited in this town, confifting of 

Pantomime, Singing, Hornpipe Danc- 
ing, Tumbli/7g, SPEAKiNG, &c. &c 

And in particular an Indian WAR and SCALP Dance, 
by Mr. Durang and Mr. F. Ricketts. 

Doors 10 be opened at fix and the performance to be^in at 7 o'clock. 
Tickets to be had at Mr, Lenegan s and at Hamilton's Printing-Office. 

^^nr^r^nd-pf^^TLLMEN who wifh to engage feats may have 
calling uvjia tor: Ro'>vi>oN at the Theatre. 

ROWSON & Co. 
^TTnted by wilUam Hamikonf King-ftreet, Lancaftp". " 



THOMAS McKEAX. 



93 



various places, among "which was a splendid gathering at the 
Green Tree Tavern at Philadelphia to hear speeches, drink 
toasts, and sing Jeflferson and Liberty," till they were hoarse. 
One stanza of this favorite party song ran as follows : 

Calumny and falsehood in vain raise their voice 

To blast our Republican's fair reputation ; 
But Jefferson still is America's fair choice, 

And he will, her liberties, guard from invasion. 
'Tis the wretches who wait, 
To unite church and state. 
That the names of McKean, Burr, and 
Jefferson hate. 
But ne'er will the sons of Columbia be slaves, 
Wliile the earth bears a plant, or the sea rolls its waves. ^ 

SECOND ELECTION AS GOVERNOR. 

In the Fall of 1802, Governor McKean was re-elected ; his 
popularity gaining for him an immense majority, receiving no 
less than 47,879 votes, against 17,0o7 for his old competitor 
Ross. His majority was 80,000 in a total vote of 65,000.^ 
Is not this majority alone a vindication of his three years 
administration ? Three-fourths of the people of the state are 
with him. The opposition is headed by a mere faction, which 
however makes a great noise. Politics ran exceedingly high 
at this election also. A banquet was given to the Governor 
at Hamburg Tavern, and also at Francis' Union Hall. And a 
procession to celebrate the acquisition of Louisiana laid out the 
route of the march to pass the Governor's house on Third 
street, May 12, 1804.' 

During this year (1804) occurred the Brackenridge episode. 
The legislature was acting on a matter of the impeachment of 
three of the four judges of the supreme court, for alleged 
arbitrary conduct in committing to prison for contempt of 
court, one of the parties in a suit then pending ; the contempt 
consisted in an abusive publication in the newspapers. The 
case was similar to that of Os\Nald already related in these 
pages. Judge Brackenridge the fourth judge happened to be 
absent, and was not embraced in the impeachment ; he how- 
ever sent a letter to the assembly, that he concurred in the 

iMcMaster's U. S., ii., 512. 

^ Legidative Handbook of 7'a., Cochran, 18R0, p. 308; Hildrith's U. S., v.. 
466; Adams' Works, x., 121 ; Scliarf and Westcott, i., 513. 
'Scharfand Westcott, i., 513-19. 
7 



94 



McKEAN FAMILY. 



course taken by the other judges.^ For this, the legislature 
sent an address to the Governor requesting his removal ; but 
the request was utterly refused. The committee attempted to 
remonstrate with him, stating that the expression " may re- 
move" in the address was equivalent io^' must remove.'' 
Governor McKean heard them patiently ; and bowing, replied, 
" I will have you know, gentlemen, that May sometimes 
means WonH.'^ 

This was not the only instance in which the legislature at- 
tempted to interfere with the governor's prerogative, or to 
instruct him in his duties, neither of which would he allow ; 
and on another occasion, a committee of the legislature fared 
no better than the previous had done. 

The governor having vetoed what was deemed an important 
bill passed by the legislature, a committee of three of that body 
was appointed to wait upon his excellency to remonstrate with 
him, and to urge the reconsideration of his veto. He received 
them with his accustomed dignified politeness, and after they 
had explained their mission, apparently without noticing their 
communication, he deliberately took out his watch, and handing 
it to the chairman, said, "Pray, sir, look at my watch; she has 
been out of order for some time ; will you please put her to 
rights?" "Sir," replied the chairman, with some surprise, 
"I am no watchmaker; I am a carpenter." The watch was 
then handed to the other members of the committee, both of 
whom declined, one being a currier, and the other a bricklayer. 
"Well," said the governor, "this is truly strange! Any 
watchmaker's apprentice can repair that watch ; it is a simple 
piece of mechanism, and yet you can't do it ! The law, gentle- 
men, is a science of great difficulty and endless complication; 
it requires a life-time to understand it. I have bestowed a 
quarter of a century upon it; yet you^ who can't mend this 
little watch, become lawyers all at once, and presume to in- 
struct me in my duty." Of course the committee vanished.^ 

In 1804 an act was passed to substitute referees for a jury, 
thinking that if trials by jury could be gotten rid of, lawyers 
might be dispensed with. Governor McKean vetoed this bill, 
and thereupon sprang up between him and the Assembly a 
violent quarrel, which presently reached a great height. Mc- 

iHildrith's U. S., v., 514. 

2 David Paul Brown, The Forum, where the year is given wrongly 1806 ; 
Scharf and Westcott, i., 517. 
' The Forum, i., 344. 



THOMAS McKEAX. 



95 



Kean was assailed by his old ally Duane, whose chief sup- 
porter was Michael Leib.^ 

A historical writer ol* a series of biographical articles in the 
Village Record^ of West Chester, Pennsylvania (Sept. 8, 
I860;, with but little apparent partiality to Governor McKean, 
gives a sketch of his life, laying particular stress on the con- 
troversy with General Thompson, the address of December 6th, 
etc., and concludes as follows: "It is curious to remark that 
before the second term ... he quarreled with his old friends, 
and threw himself into the arms of the politicians so graphi- 
cally mentioned in the response above quoted, by whom he 
was triumphantly sustained for a third term." 

SOLICITED TO BECOME A CANDIDATE FOR VICE PRESIDENT OF 
THE UNITED STATES. 

The early growth of the Republican or Democratic party, 
has already been noted in these pages. Let us recapitulate. 
In 1796, SicKean, then chief justice, headed the presidential 
ticket as an elector-at-large. In Pennsylvania the party was 
successful ; but Jefferson was not elected president. Three 
years after, McKean was elected governor by a large majority. 
His popularity vastly increased during his term of office ; and 
this, added to his great personal and political influence, con- 
tributed in no small degree to the election of Mr. Jefferson to 
the presidency the succeeding year.^ And during the whole 
of that gentleman's administration, the weight of Governor 
McKean's opinions and conduct was directed to upholding the 
principles which marked the policy of the general government.^ 

Then folio vved Governor McKean's immense majority at his 
re-election, which brought him forward as one of the most 
prominent men in his party. Being a strong candidate, he 
was, therefore, in the fall of 1803, urgently solicited to become 
a candidate for the Vice- Presidency with Mr. Jeflerson at his 
second nomination. Alexander J. Dallas* thus addresses him 
on this subject, under date of October 14th, 1803: 

Ulildrith's U. S., v., 514. 

'Nevin, Continental Sketches of Distinguished rainsylvanians ; Sanderson's 
Lives; Goodrich's Lives^ etc. 
' Sanderson's Lives. 

* Without an especial mention of this gentleman, the warm personal and 
political friend of Governor McKean, this biography would be incomplete. 
Alexander James Dallas was born in the island of Jamaica in 1759, of a 
Scottish family. He removed to Philadelphia, was admitted to the bar, and 
took a high stand in his profession ; published the laws of Pennsylvania, 



96 



McKEAN FAMILY. 



I have been requested by several of our friends, to bear with 
me (to Washington,) your sentiments as to the office of vice- 
president. Your name has been most honorably mentioned on the 
occasion. Pray write me, in perfect confidence, and address your 
letter to the care of Mr. Gallatin, at Washington. Accustomed 
as 1 have been for many years, to wish every thing that can pro- 
mote your happiness or reputation, it would give me pain to find, 
that in this instance, your disposition should lead you to the fed- 
eral scene : as I do not believe there exists another man in Penn- 
sylvania, to whom, at this period, the real interests of the state 
can be safely confided. But your choice will entirely govern my 
opinions and expressions."^ 

Governor McKean declined this honor both on public and 
private considerations. Had he accepted, he would assuredly 
have been elected, as George Clinton of New York was then 
nominated, and chosen with Mr. Jefferson at his second elec- 
tion in 1804. 

About this time it was reported that Governor McKean 
" has been appointed minister plenipotentiary to the court of 
Madrid, to adjust existing difficulties relative to the possessions 
of Louisiana." Whether he was offered the position, or 
whether it was a mere rumor, cannot now be ascertained.'^ 

THIRD ELECTION AS GOVERNOR- VIRULENT PARTY FEELING- 
IMPEACHMENT PROCEEDINGS. 

In the fall of 1805, as the time for election approached, 
Duane, Leib, and other political enemies of McKean organized 
in secret;^ and founded societies throughout the state to pre- 
vent his nomination. They issued an address to the public, 
setting forth McKean's austerity, and aristocratic habits," 
his " years of professional contention and dominion in courts ;" 
his "ungracious distribution of offices among relatives," and 

and was subsequently reporter of the Supreme Court of the United States. 
He was Secretary of State of Pennsylvania for several terms, both before 
and during Governor McKean's administration. He was also U. S. District 
Attorney, and in 1814 was appointed Secretary of the Treasury. He proved 
to be an able and energetic officer during trying financial times following 
the war of 1812. Besides being a law writer, he was also an author of 
various works. He died in 1817, leaving two sons who became prominent, 
Commodore A. J. Dallas, U. S. Navy ; and the Hon. George M. Dallas, Vice- 
President of the United States 1845-9 ; and a daughter, who was the wife 
of Judge William Wilkins, Senator and Secretary of War. — Appleton. 
^ Sanderson's Lives. 

^Balt. Gazette and Daily Adv., Nov. 3, 1803. 

'Mark the contrast: we read above that McKean's acts are done openly. 



THOMAS AlcKEAX. 



97 



his present intimacy with those who had been his former 
libelers." The federalists, knowing it to be impossible to 
elect one of their own party, and hoping to break McKean's 
majority, nominated a democrat; but McKean's popularity 
was too great for defeat, and he was successfully elected over 
Simon Snyder, by a large majority — nearly 5000 votes. ^ The 
senate and house were strongly for McKean. 

The Governor thus vindicated, began separate lawsuits against 
John Steele, William Dickson, Matthew Lawler, Thomas Leiper, 
Dr. Leib, Jacob Mitchell, and William Duane, publisher of the 
Aurora, for various publications and utterances.^ 

In July, 1806, the Governor appointed Dr. George Bu- 
chanan, of Baltimore, his son-in-law^, lazaretto physician. Dr. 
Buchanan had for seventeen years been a citizen and resident 
of Baltimore, not arriving in Pennsylvania until just before the 
appointment was made. This appointment created some stir ; 
and the Aurora, under the title of ''The Royal Family,'^ gave 
the following list of persons connected by blood or marriage 
with the family of the Governor, who held office in the State : 

Thomas McKean, Governor. 

Joseph B. McKean, son, Attorney-General. 

Thomas McKean, Jr., son. Private Secretary. 

Thomas McKean Thompson, nephew, Secretary of Common- 
wealth. 

Andrew Pettit, son-in-law. Flour Inspector. 

Andrew Bayard, brother-in-law to Pettit, Auctioneer. 

Dr. George Buchanan, son-in-law, Lazaretto Physician. 

William McKennan, brother in law of T. McKean Thompson, 
Prothonotary of Washington county. 

Andrew Henderson, cousin to the Governor, Prothonotary 
of Huntingdon county. 

William Henderson, cousin to the Governor, Brigade In- 
spector of Huntingdon county. 

John H; ested, father in-law of T. McKean Thompson, clerk 
in the Comptroller General's office. 

Joseph Reed, a near relative to Pettit and Bayard, Pro- 
thonotary of the Supreme Court. 

[Tiie term "connected V)y blood or marriage," is consider- 
ably stretched to make up the above list. Besides the Gover- 
nor, only three are near relations and two connections.] 

^Leff. Jlandhook of Pa., Cochr&n, 1889, p. 398; Scharf and Westcott. i., 
519. See also Randall's Thomas Jefferson, in., 135; Ilildritb's United States, 
V. 556. 

^Scharf and Westcott, i., 520. 



98 



McKEAN FAMILY. 



Even before the list was published, the Aiirora was being 
sued by the Governor on three libel cases, and by the Marquis 
de Casa Yrujo, another son-in-law, on three more charges. 
Before the close of July, Duane was the defendant in sixty or 
seventy libel suits ; and kept the staid old city in a turmoil, 
wondering what he would publish next.^ 

Governor McKean continued to make many removals from 
office, and his appointment of William Tilghman, a federalist, 
as already related on a previous page, gave offense to many of 
his own party. In April he added to the quarrel by attending 
a dinner of the St. George's Society, where the health of the 
king was drunk. About this time (November), the grand 
jury of the mayor's court indicted Duane for publishing a toast 
given at* a celebration, General Arnold and Governor Mc- 
Kean, both beans of one kidney." 

In the beginning of 1807, politics continued to agitate the 
state with undiminished activity. The virulence of the oppo- 
sition to General McKean took every conceivable shape. Rep- 
resentatives Leib and Engle desired a committee to investigate 
his conduct, but the motion was lost. On the 19th of March, 
Governor McKean, through Joseph B. McKean, Attorney- 
General, tried to have Michael Leib and William Daane ar- 
rested for conspiracy, but the Supreme Court refused the 
warrant. In May, Thomas McKean, Jr., who the previous 
autumn had challenged Dr. Leib, was arrested, and in October 
the grand jury found indictments against both McKean and his 
second. Major Dennis.^ 

Dr. Michael Leib, mentioned above, had been a member of 
Congress, but resigned his seat there, especially to put himself 
at the head of his parfcy in the Pennsylvania Assembly, and 
oppose Governor McKean.^ 

It is probable that no public man in this country, excepting 
Washington, so deeply involved in public affairs as Governor 
McKean, has ever kept himself free from some portion of 
political intemperance, some manifestation of party passion and 
prejudice. On the other hand, personal feelings of hope or 
disappointment, doubtless created for Governor McKean many 
enemies. Yet during the whole constitutional period of nine 
years, the majority of the people were with him ; and at 
the present day, when the party asperities and bickerings of 

1 Ibid., i., 526. 

Mbid., i., 52V-9. 

» Hildrith's United States, v., 666. 



THOMAS McKEAX. 



99 



the times are in some measure forgotten, it cannot be denied 
that his administration was marked by uncommon ability, and 
witli great benefit to the State/ Nevertheless, party asperi- 
ties rose to such a height, that early in this year 1807, the 
federalists, led on by a few radicals, made an unsuccessful at- 
tempt to impeach Governor McKean. The charges were how- 
ever chiefly allegations of political olfonses ;^ and their frivolity 
and weakness may be seen by a perusal of them in the report 
of the committee to whom the matter was referred. 

The proceedings commenced on the 80th of January, 1807, 
by Dr. Michael Leib, offering a resolution that a committee be 
appointed to inquire whether the official conduct of the Gov- 
ernor be such as to require the interposition of the House. 
This resolution, slightly modified, was adopted March 3d. In 
furtherance of this scheme, various petitions from citizens po- 
litically opposed to Governor McKean, were about this time 
presented to the house, and on the 2d of March the matter was 
referred to a committee consisting of Dr. Leib, Messrs. Lowry, 
Kerr, Lacock and Shewell. Mr. Huston was subsequently ap- 
pointed in place of Mr. Lowry, who had received leave of 
absence. On Monday, the 30th of March, the committee sub- 
mitted a report, containing the following charges, with specifi- 
cations to each: 

" L Tiiat tlie governor did premeditatedly, wantonly, unjustly, 
and contrary to the true intent and meaning of tlie constitution, 
render void the late election, (in IbOG,) of a sheriff' in the county 
of Pliiladel|>hia. 

*' IL Tliat lie usurped a judicial authority, in issuing a warrant 
for the arresit and injjjrisonnient of Joseph Cabrera ; and inter- 
fered in favor of a convict for forgery, in defiance of the law, and 
contrary to the wholesome regulations of the prison in Philadel- 
phia, and the safety of tiie citizens. 

"in. That, contrary to the true intent and meaning of the 
constitution, and in violation of it, did he a|)point Dr. George 
Buchanan, lazaretto pliysician of the port of l*]iila(l<'lpi)ia. 

IV. Tliat, under a j)rec*Mlcnt, acknowledged to have been 
derived from the king of Great Britain, an«l contrary to the ex- 
press letter of the constitution, did lie suffer his name to be 
stamped Uj)on blank pat(!nts, warrants on the treasury, and other 
public official papers, and that too out of his presence. 

*'V. Tliat, contrary to law, did he supersede Dr. James Reyn- 
olds, as a memher of the board of health.'* 

* Sanderson's Lives. Written about 1820. 
' Armor's Lives Govs. Penn. 



100 



McKEAN FAMILY. 



" VI. That, contrary to the obligation of duty, and the in- 
junctions of the constitution, did he offer and authorize overtures 
to be made to discontinue two actions of the commonwealth 
against William Duane and his surety, for an alleged forfeiture of 
two recognizances of one thousand dollars each, on condition that 
William Duane would discontinue civil action against his son, 
Joseph B. McKean, and others, for a murderous assault committed 
by Joseph B. McKean and others on William Duane." 

Accompanying the report was a resolution that Governor 
McKean be impeached for high crimes and misdemeanors. 
The report is partly quoted in Sanderson's Lives, in order to 
show its s.trong partisan character. It states that " the rights 
of the people of the city and county of Philadelphia have been 
grossly trifled with" by the Governor in rendering void the 
election for sheriff; that Dr. George Buchanan was appointed 
lazaretto physician while he was a resident of Baltimore ; but 
for want of space we must forego further quotations. 

On the report of the committee, the second reading was 
postponed until Thursday ; nothing however appears in the 
journal on that day, but on Tuesday April 7, the motion for a 
second reading was debated, as also on the 8th and 9th, but 
could not be carried, and on the latter day the subject was 
postponed for the early consideration of the next house.^ 

In the fall of the year, says Scharf and Westcott, "the 
stubborn and aristocratic old Governor McKean, as soon as the 
legislature assembled, was greatly assailed by his enemies."* 
The impeachment resolution of the last house came up as 
unfinished business, December 7, six days after the legislature 
met. The next day Mr. John Sergeant seconded by Mr. 
Biddle (both members from Philadelphia,) moved to postpone 
the further consideration thereof until the second Monday in 
January, 1808 ; lost by a vote of 42 to 42. Mr. Lacock, 
seconded by Mr. Jennings, then moved to refer the matter to 
a select committee, which was lost by the same vote. On 
Friday, January 15th, 1808, Mr. Shewell seconded by Mr. 
Hulme, moved to consider the matter, but the motion was lost 
by a vote of 43 to 43. On Wednesday the 27th of January, 
Mr. Shewell seconded by Mr. Tarr, renewed his motion to con- 
sider the resoultion, which then prevailed by a vote of 44 to 
41. It should be observed that these motions proceeded from 
the party friendly to Governor McKean, who were anxious to 
determine the validity of the charges. 

^Journals of the llth H. R. of Fenn., Lancaster, 1806. 
2i., 532-3. 



THOMAS McKEAN. 



101 



The resolution was now fairly before the house, and on 
motion of Mr. Porter, seconded by Mr. Shewell, the further 
consideration of the subject was indefinitely postponed by a 
vote of 44 to 41 ; which finally disposed of the whole matter.^ 

It may be added that every member from the city of Phila- 
delphia, whose rights were said to be particularly infringed, 
voted for the governor, namely : Messrs. Sergeant, Clawges, Sr., 
Hare and Cope (subsequently elected in place of Samuel Car- 
ver, deceased before taking his seat). 

On the next day, the 28th, the Secretary of the Common- 
wealth, Thomas McKean Thompson, appeared before the 
house, and presented a replication from the Governor, dated 
Lancaster, January 28, 1808, in relation to the charges against 
him. Mr. Sergeant, seconded by Mr. Ingham, moved that 
the message be inserted at large upon the journal ; whereupon 
a spirited debate arose, but the motion finally prevailed by a 
vote of 43 to 42. Mr. Leib then moved that the report of the 
committee, with all the accompanying papers, be also inserted 
in the Journal, which was agreed to by a vote of 78 to 7.^ 

The papers upon both sides, here entered upon the Journal, 
are very voluminous. The testimony before the committee 
is given in full: Thomas McKean Thompson, Secretary of the 
Commonwealth, testified that the order making void the elec- 
tion of sheriff was not signed by the Governor, but was 
stamped in his presence ; he was then unable to hold a pen in 
his hand ; that he had been confined to his bed for five weeks, 
that he was at times in great pain, and unable to sit up in bed 
or to use his hands ; but his mind was sound. That his name 
was stamped on public papers in his presence, but never out 
of it. 

Dr. George Buchanan testified that he was a resident of 
Maryland until he arrived in Pennsylvania ; and received his 

^The following voted aye in favor of Governor McKean: Georpe Acker. 
Paul Appel, \V'illiam Barnet, Nathaniel Beach, Samuel Bethel, William S. 
Riddle, Valentine Brobst. John Clawores, Sr., Thomas P. Cope, Isaac Dar- 
lington. Jacob Eichelberf^er, Josiah Esp^. Georjie Evan.'?, Robert Genimill, 
James (iettys, Jacob Gisch (Ciish). Charles W. Hare, John llnhne, Samuel 
D. Ingham (afterwards Secretary of Treasury under Pres. Jackson). Daniel 
loder (Joder), James Kelton, Bernard Kepner, Jacob Kimmell, John Lo- 
bingier. Benj. Martin, Robert Maxwell, John McClellan, James McComb, 
James McSherry, Charles Miner, William Pennock, Charles Porter, William 
Ramsey, Abraham Rinker, Daniel Rose, George Savitz, John Sergeant, Jacob 
Shaeffer, Conrad Sherman, Natiianiel Shewell, Charles Smith (Lancaster 
Co.), William Trimble, William Worthington, John Wright — 44. 

"^Journals \%th H. R. Fenn., Lancaster, 1807. See also Sanderson's Lives. 



102 



McKEAN FAMILY. 



commission as Lazaretto Physician the day after he arrived ; 
that he Avas a candidate for Congress from Maryland in 1803-4. 

The Governor's physicians testified that they were first 
called to attend the Governor January 20th, that he had some 
fever, and a gouty affection, but no delirium.^ 

The Replication of the Governor-commences as follows: 

"A long and dangerous illness, the sympathy of friends, and 
the advice of physicians, deprived me of an opportunity to peruse 
the journal, or to have the least knowledge of the proceedings in 
relation to an impeachment of my official conduct, for more than 
a month after the termination of the last session of the General 
Assembly. And since that period, a proper respect for the exer- 
cise of constitutional powers has restrained every disposition on 
my part, to answer the charges which have been exhibited against 
me, while those charges continued a subject of deliberation. But 
the delicacy which has recognized your constitutional jurisdiction, 
must not be allowed to absorb every consideration that is due to 
my own fame, to the feelings of my family, and to the opinion of 
the world. 

"The accusation, though not confirmed by the ultimate vote of 
the house, has been deliberately framed, has been openly discussed, 
and will pass among the legislative records, into the hands of our 
constituents, and our posterity, with all its concomitant semblance 
of proof, and asperity of animadversion. The decision tliat ex- 
presses your renunciation of the impeachment, affects me indeed, 
with its justice and its independence ; but it is a decision which 
precludes the employment of the regular means of defence before 
a proper tribunal ; and therefore compels me, for the purpose of 
vindication, to claim a page in the same volume, that serves to 
perpetuate against me, the imputation of official crimes and mis- 
demeanors. 

" It is incompatible, gentlemen, with my view of the solemnity 
of the occasion, to descend to the language of invective or com- 
plaint. By exposing the depravity of other men, I should do 
little to demonstrate my own innocence; and an expression of sen- 
sibility at any personal indignity that has been inflicted, might be 
construed into an encroachment upon the freedom of legislative 
debate. But the tenor of my public and private life, will I hope 
be sufficient to repel every vague and declamatory aspersion. 
The discernment of our constituents will readily detect any latent 
motive of hatred and malice. The justice of the Legislature up- 
holds an ample shield against the spirit of persecution ; and the 
conscious rectitude of my own mind will yield a lasting consola- 
tion, amidst all the vicissitudes of popular favor and applause.* * 



Journals^ etc. 



THOMAS McKEAN. 



103 



"That I may have erred in judgment, that I may have been 
mistaken in my general views of public policy, and that I may 
have been deceived by the objects of executive confidence, or 
benevolence, I am not so vain nor so credulous as to deny ; though 
in the present instance, I am still without the proof and without 
the belief : but the firm and fearless position which I take, in- 
vites the strictest scrutiny, upon a fair exposition of our constitu- 
tion and laws, into the sincerity and truth of the general answer 
given to my accusers, that no act of my public life was ever done 
from a corrupt motive ; nor without a deliberate opinion that the act 
was lawful and proper in itself."^ 

Governor McKean then proceeds in a circumstantial and 
irrefutable manner, separately to repel the charges oF the 
committee ; and triumphantly to vindicate his character in 
every particular, from the aspersions with which it had been 
assailed. 

His refutation of the charges is briefly as follows : 
I. The election for sheriff was made void under the act of 
the Assembly of February 15, 1790, "That the Governor 
shall be a competent judge of the election of every person who 
shall be returned to serve as sheriff or coroner ; and for that 
purpose may send for papers, persons or records." The in- 
vestigation was intrusted to a committee of seven persons, of 
whom Joseph Reed was chairman. The committee examined 
witnesses and reported a list of " 96 bad votes " cast, which 
they threw out for various reasons ; — illegal voting, not of age, 
not naturalized, voted in the wrong precinct, etc. If this 
number should be deducted from Wolbert who had 3905 votes, 
then Lawler who had 3846 would have been elected. It could 
not be ascertained for whom the votes were cast. Hence the 
doubt who was elected, and the Governor issued a proclama- 
tion to this effect, declaring the election void, and that the 
present sheriff holds over until the next election. 

Wolbert, accompained by General Barker, called upon the 
Governor to obtain his commission. The Governor refused to 
see them; and states in his replication, as follows: "It has 
also been developed upon the oath of General Barker, that an 
attempt was then to be made to obtain a commission for Mr. 
Wolbert, by offers of favor, or menaces of vengeance ; by 
giving the Governor the option of 'the sword or the olive 
branch;' and by a denunciation, (which General Barker 
swears came from the tongue of Dr. Michael Leib the chair- 



As quoted in Sanderson's Lives. 



104 



McKEAN FAMILY. 



man of the committee of impeachment, and similar menaces 
of assassination were contained in anonymous letters received 
through the post-office,) * that if the old scoundrel, or old 
rascal, did not acceed to the proposal, he would pursue him to 
the grave.' " 

II. Joseph Cabrera was imprisoned upon the request of the 
Spanish Minister. The minister has a right to imprison a 
member of the legation in his own domicile, and has power to 
send him home for trial. He also has an unquestionable claim 
upon the government to guard his prisoner ; this is then re- 
garded not as judicial, but an executive recognizance. More- 
over, at the trial, Cabrera waived his diplomatic privileges. 
As to the second part of the charge, after his conviction, the 
Governor says a power to grant pardon and reprieve of the 
whole sentence, naturally includes the power to pardon any 
part of it ; and this was done also at the request of the min- 
ister. 

III. Dr. Buchanan's appointment. Under the constitution 
certain offices must be filled by residents of the county in 
which the office is located; but this does not apply to the 
office of Secretary of the Commonwealth, Secretary, Receiver 
General, etc., because then all the counties in the state would 
not have equal rights. The Lazaretto Physician is not a 
county officer, but an officer of the port of Philadelphia, his 
office being a department of the board of health, and since the 
office was created, there is no instance of a resident of the 
county in which it is located, having filled it. Dr. Buchanan 
is not an alien, but a citizen of the United States. 

IV. The law requires the Governor to sign, but does not 
specify the kind of signature. A cross is a valid signature, 
and in case of the loss of both hands it is hard to imagine how 
a person could sign, if restructed to writing his name. He 
also adds, " Although the Governor did not always affix the 
signature to official papers with his own hand, it was never 
affixed without his express order." 

V. Dr. Reynolds was removed for intemperance and 
violence ; he struck a member of the board of health, which 
act was complained of to the Governor, who counselled a delay ; 
but on the offense being repeated, the other members of the 
board resigned, whereupon the Governor at once removed Dr. 
Reynolds. The act of the legislature, directs that members of 
the board of health should hold office for one year ; but this 
was not meant to enlarge the tenure but to limit it, for the 



THOMAS McKEAN. 



105 



legislature provided for cases of death, sickness, removal, etc., 
which implies power of the Governor to remove. 

VI. Tins charge is based upon overtures made by Messrs. 
Ingersoll, Dallas, Muhlenberg, and Dickerson, but they have 
expressly declared in writing, that they were unauthorized by 
the Governor to make overtures. The Governor states the 
facts of the quarrel briefly as follows : The troops of light 
horse was engaged in suppressing a disturbance in Berks 
and Northampton counties ; and the Aurora charged that they 
"lived at free quarters." The officers called for a retraction, 
an altercation ensued, and they chastised the editor.^ 

Thus did Governor McKean refute the charges made against 
him. He had however to contend, not only against the osten- 
sible charges, but also against the vindictiveness and malignancy 
of the radical members of the committee. The charge that the 
Governor imprisoned Cabrera, and then allowed him privileges 
after conviction ;— that is, complaining of what the Governor 
did against him, as well as what he did in his favor ^ savors 
more of opposition to the Governor than solicitude for Cabrera's 
welfare. The animus of the mover of these proceedings. Dr. 
Leib, is shown in the testimony of John Barker before the 
committee. Dr. Leib being present: 

" The Dr. [Leib] then arrested my attention by calling me 
general, and told me to remember, general, we offer him the 
sword or the olive branch, let him take his choice. I did not 
consider this to be secrets. I looked upon myself as a kind of 
ambassador. After the Dr. gave me this last instruction, he ex- 
claimed with some warmth, Tiiat if the old scoundrel or old rascal 
did not accede to these proposals, he would pursue iiim to the 
grave. 

To the Sixth Charge, it is related in Ilildrith's Ilistorj^ that 
Governor McKean retorted by having Leib, Duane, and others 
indicted fo^ conspiracy to corrupt and overawe him.^ 

Governor McKean's replication comprehends a very learned 
and masterly disquisition ; defining in a most lucid manner 
the powers and duties of the several branches of the govern- 
ment, legislative, judicial and executive ; and expounding 
clearly impeachable offences. And upon repeated references 
to it, it has been found to bear the cautious scrutiny of unim- 
passioned judgment, and to furnish a clear, safe, and useful 

^Jouniah \Sth II. R. Penn. 

^Journals I8(h II. R. Penn., 1807, p. 349. 

^Hiat. U. S.. Ti., 67. 



106 



McKEAN FAMILY. 



guide in the elucidation of cases involving points similar to 
those which he professes to discuss. It is regarded with great 
favor by professional men, and is quoted as authority upon the 
questions of which it treats.^ 

Thus terminated a transaction, which through the baleful 
and exterminating spirit of party, threatened to overshadow 
the closing career of a patriot, whose life, during half a cen- 
tury, had been devoted to the public service.^ 

CLOSE OF HIS TERM OF OFFICE— RETIRES TO PRIVATE LIFE. 

Governor McKean had now served as the executive of Penn- 
sylvania for nine years, through three terms of office ; his 
services must necessarily be brought to a close by constitu- 
tional limitation. The impeachment proceedings, the strongest 
card played by his enemies, having signally failed, further 
asperities were suspended ; and in the following fall, Simon 
Snyder was nominated against Ross, Governor McKean's first 
competitor. Snyder was elected, and assumed the executive 
chair December 20, 1808. The same party was yet in power; 
and Leib and Duane, leaders of the same faction, still kept up 
their abuse. After the campaign closed, Duane of the Aurora 
was again pelted with lawsuits ; John Binns one of this faction 
published an article in which he said "under McKean the 
legislature was bullied and abused ; under Snyder it was cau- 
cussed and corrupted."^ It is here gratifying to find in the 
writings of his enemies, that which redounds to his credit ; he 
may have " bullied" or " abused," but he never "corrupted" 
the legislature. This statement and the inference to be drawn 
from it comes opportunely, not long after Governor McKean's 
statement in his Replication ; that no act of his public life was 
ever done from a corrupt motive. 

At the end of his term of office, Governor McKean retired 
to private life, having been before the public continuously, and 
in many of the highest offices for forty-six years. He was at 
the time of his retirement nearly seventy -five years of age ; 
but his vigor was not diminished by his years. 

"For nine successive years," says a contemporary,* ''he 

' W. H. Egle, IFisL Fenn., i., 235 ; and Sanderson's Lives. 
2 Sanderson's Lives. 

^Scharf and Westcott, i., 533-45. See Duane's obituary on a subsequent 
page. 

*L. Carroll Judson, of the Philadelphia bar, JBioff. of Signers, 1839. 



THOMAS McKEAX. 



107 



wielded the destines of the land of Pennsylvania, commencing at 
a period when the mountain waves of party spirit were rolling 
over the United States, with a fury before unknown. But amid 
the foaming and conflicting elements, Governor McKean stood at 
the helm of state, calm as a summer morning, firm as a mountain 
of granite, and guided his noble ship through the raging storm, 
unscathed and unharmed. His annual messages to the legisla- 
ture, for elegance and force of language, correct and liberal views 
of policy, and a luminous exposition of law and rules of govern- 
ment, stand unrivalled, and unsurpassed. The clamour of his 
political enemies, he pasvsed by as the idle wind ; the suggestions 
of his friends, he scanned with the most rigid scrutiny. Neither 
flattery nor censure could drive him from the strong citadel of his 
own matured judgment. The good of his country, and the glory 
of the American character, formed the grand basis of his actions. 

"His administration was prosperous and enlightened, and when 
he closed his political duties, the bitterness of his political op- 
ponents was lost in the admiration of his patriotism, virtue, im- 
partiality, consistency, and candor." 

Says another writer: 

Perhaps no man attracted so much homage from the crowd as 
Governor McKean, not only as Delegate in Congress, and Chief 
Justice, but especially in his old age. He was one of that old 
stock of Pennsylvanians, of abnormal size and strength in both 
mind and body. He was tall and stately — over six feet in height; 
and even in later years, notwithstanding his great age, an erect 
person. He usually wore a cocked hat, carried a gold-headed 
cane ; and walked, even to the close of his life, though with a 
somewhat tottered step, with great apparent dignity and pride. 
As is known, he was one of the Signers of the Declaration of 
Independence, and if we may use the phrase, which we do in all 
respect and kindness, he was an actual impersonification — a prac- 
tical living, walking emblem, and memento, of that Declaration. 
Apparently the two proudest men the city ever beheld — and sure 
they had much to be proud of — were our present venerable sub- 
ject, and his son-in-law, the Marquis de Casa Yrujo, the am- 
bassador from Spain. ^ 

FEARS OF A BRITISH INVASION— PRESIDES AT A TOWN 
MEETING, 1814. 

During the last war with England, Piiiladclphia was startled 
by the news that a British army was on our sliorcs. The city 
was wholly unprepared for any defence ; and a number of the 



1 David Paul Brown, The Forum, i., 346. See also Harp. Mag., Hi., 871. 



108 



McKEAN FAMILY. 



most influential citizens met and at once issued a call for a 
town-meeting on the morning of August 26th. Washington 
had been captured the day before, but the fact was not known 
at that time. The meeting convened in the State House 
square. Ex-Governor McKean had been particularly desired 
to attend, and on his appearing once more among his country- 
men on a public occasion, he was greeted with profound respect 
and attention ; and was unanimously called to take the chair. 

He was at this time eighty years of age. Joseph Reed, 
another patriot of the revolution, was made secretary. Never 
since the revolutionary period, had a public meeting been 
held in Philadelphia on so momentous a business ; and never 
since the same period, had an occasion existed, which de- 
manded more promptness and decision of action. No noisy 
demagogues attempted to control its operations, or to create 
excitement by inflammatory harangues. The venerable chair- 
man alone addressed it, and in a few brief sentences, delivered 
with the dignity and emphasis of former days, touched the 
spirit that needed only to be awakened. His speech made a 
deep impression, and was recognized as coming from a patriot 
and a sage. The meeting, without waste of time, and without 
useless discussion, took the measures which the crisis de- 
manded ; and the city was in a short time placed in a con- 
dition to repel the attack of any force w^iich the enemy could 
then bring against it.' 

The " Committee of Defense, 1814," appointed by this 
meeting, consisted of the officers of the meeting, prominent 
movers, and a number of other citizens.^ 

HONORARY DEGREES, DIPLOMAS, HONORS, ETC. 

Governor McKean received the honorary degree of A. M. 
from the University of Pennsylvania, in 1768 ; and LL. D. 
from the College of New Jersey, in 1781, September 26 ; and 
from Dartmouth College, New Hampshire, in 1782 ; and from 
the University of Pennsylvania, in 1785. He was a Trustee 
ot the University of Pennsylvania, in 1779, under the Uni- 
versity Charter; and in 1791, November 18th, at the Union.^ 

^Sanderson's Lives ; see also National Portraits^ vol. for 1839 ; and Scharf 
and Westcott, i., 571. 

2 The names may be found in Scharf and Westcott, Ilist.^ iii., 1169 ; and 
In John Hill Martin's Bench and Bar of Phila. The Minutes of the Committee 
of Defence were published in the Memoirs of the Historical Society of Penn- 
sylvania, 1867, vol. 8. 

3 College Catalogues, Univ. Penn. Catalogue, 1880. 



THOMAS McKEAN. 



109 



Governor McKean was elected a member of the Philadelphia 
Society for the Promotion of Agriculture, May 2d, 1785.^ It 
•was instituted February 11, 1785. 

October 31, 1785, he received his diploma of the Society of 
the Cincinnati, instituted by officers of the American Army, 
at the close of the Revolution.^ He subsequently became 
Vice-President of the Pennsylvania State Society. The au- 
thor has been unsuccessful in finding any lists of the Penn- 
sylvania Society, containing Governor McKean's name. In 
the Department of State at Washington however, is a letter 
of Thomas McKean and others, dated Philadelphia, March 
6, 1787, addressed to General Washington, in reply to his 
circular letter of October 31st, declining to be re-elected t^o 
the presidency ; this letter concludes by expressing regret at 
General Washington's determination ; and states that his 
request will be laid before the meeting of the state society, 
called for the 26th instant, and will be intimated to the dele- 
gates to the general triennial meeting; it is signed by a com- 
mittee of the Society, Thomas McKean, W. Jackson, and F. 
Mentger. 

In 1770 or earlier, Thomas McKean, of Newcastle, was 
elected a member of the American Philosophical Society. In 
1786 or earlier, while Chief Justice, he became one of the 
twelve Councillors ; and in 1799 as Governor he became ex- 
oflScio the Patron of the Society.^ 

In 1790, while Chief Justice, he was one of the founders of 
the Hibernian Society for the relief of emigrants from Ireland, 
and the first president. 

In 1804, McKean county was separated from Lycoming 
county, Pennsylvania, and named in honor of Thomas McKean, 
at that time Governor.* 

McKean street, in Philadelphia, is also named after him. 

In 1786, was published The Lyric Works of Horace^'' by 
John Parke, with an appendix containing poems by John Wil- 
cocks, and dedicated to General Washington. The several 
poems being addressed to the prominent men of the day ; Ode 
V, Book III, as also the Secular Poem, Carmen Secular e^ 
are both addressed to Thomas McKean then Chief Justice, 
Vice President of the Cincinnati, and late President of Con- 

* Sanderson's Lives. 
'Sanderson, The Forum, etc. 
3 Transactions. 

*Egle's Hist Pcnn.; Day's Jlistor. Collect. 
8-b 



110 



McKEAN FAMILY. 



gress. An Elegy on the death of Colonel John Haselet of 
Delaware is addressed to Caesar Rodney and Thomas McKean, 
members of Congress. 

HIS DEATH AND FUNERAL. 

At length, loaded with honors, this venerable patriot arrived 
at the ultima linea rerum, and departed to " the generation 
of his fathers " on the 24th of June, 1817, aged eighty-three 
years, two months and twenty -five days.^ 

In the United States Crazette of the following day, ap- 
peared the notice : 

Another Patriot of '76 descended to the Tomb. 

Died yesterday, the 24th inst., Thomas McKean, Esq., formerly 
Governor of Pennsylvania. 

" The gentlemen of the bar are requested to attend the funeral 
of the late Thomas McKean, Esq., formerly governor of Penn- 
sylvania, from his late mansion, south Third street to-morrow 
morning at 9 o'clock. 

" The Members of the Society of the Cincinnati are requested 
to attend the funeral of the late Thomas McKean, Esq., formerly 
governor of Pennsylvania, from his late mansion, south Third 
street to-morrow morning at 9 o'clock. 

*'The Members of the Hibernian Society are requested to at- 
tend the funeral of the late Thomas McKean, Esq., formerly gov- 
ernor of Pennsylvania, from his late mansion, south Third street 
to-morrow morning at 9 o'clock. 

" The Members of the Philosophical Society are requested to 
attend the funeral of the late Thomas McKean, Esq., formerly 
governor of Pennsylvania, from his late mansion, south Third 
street to-morrow morning at 9 o'clock. 

" The Trustees of the University of Pennsylvania are re- 
quested to attend the funeral of the late Thomas McKean, Esq., 
formerly governor of Pennsylvania, from his late mansion, south 
Third street to-morrow morning at 9 o'clock." 

In this paper of Thursday the 26th, appeared a set of Keso- 
lutions of respect, passed by the Philadelphia Bar. 

In Paulsen^ s American Daily Advertiser of the 25th ap- 
peared a short notice of his death " between the hours of two 

^ Not 16 days, as given in Sanderson's Lives. Every succeeding biogra- 
pher has copied this mistake. Not one has thought of verifying it. The 
difference between the dates of birth and deatli gives 83 years, 3 months, 5 
days; but his birtli being given in old style^ eleven days must be deducted, 
and (adding 31 days for May, the previous month to that of his death, to 
make the subtraction possible,) we have his age as given above. 



THOMAS McKEAN. 



Ill 



and three o'clock;" followed the next day, by a long obituary 
and notice of his death similar to that given above. 

On the 27 th appeared a long editorial notice commencing as 
follows : 

" Governor McKean. The late Thomas McKean, for- 
merly Chief Justice and afterwards Governor of Pennsylvania ; 
of whose political conduct, however varied may be the judgment 
of the different Parties which divide the State, there can be but 
one opinion as to his regard for the public weal, in his successive 
nominations of eminent characters of different political senti- 
ments, to succeed him in the judicial chair; an instance of patri- 
otic impartiality so rare in public life that it must be allowed on 
all hands to reflect peculiar honor on his memory. * * * * " 

In the General Advertiser of June 25th, The Aurora^ and 
still published by Governor McKean's old political opponent, 
William Duane, pays the following noble tribute to his memory: 

Died — yesterday at three o'clock, Thomas McKean, LL.D. 
one of the earliest and most firm friends of American independ- 
ence ; some time a representative in the Continental Congress, of 
which he was also president ; many years Chief Justice of this 
commonwealth ; and closed^ his long and eventful career by serv- 
ing as Governor for nine years in tliis commonwealth. Mr. Mc- 
Kean was a native of this state, of an old Irish stock, and de- 
rived from his progenitors a considerable share of energy and 
decision of character ; in the most trying times, of the revolution, 
he was among those who never wavered, and who spurned the 
royal favor oflfered to him, preferring to such honors, and venal 
rewards, the prouder honors of devotion to his country and lib- 
erty. It is to his name due, that it should be remembered, that 
although of an enerfjy not to be resisted in a public station, that 
by his kindness of heart many who had mistaken the patli of true 
honor in forsaking their country to serve a tyrant were by his pri- 
vate generosity rescued from public vengeance, and the inexorable 
law. As a judge it must be acknowledged that he gave the laws 
dignity by enforcinf^ them ; liis rigor obtained for him many ene- 
mies ; but time, which has drawn the thorn of individual resent- 
ment, will do justice to the austerity which was directed as much 
as human passions can admit, to ecjual and exact justice. In the 
station of governor he incurred the same censure; and it must be 
confessed deservedly: but the experience of the administration 
which succeeded his has interpose(l a relief, which by comparison 
reduces the exceptionable parts of Mr. McKean's administration 
to the small sins of [)assion or pride. lie was much better adapted 
to the bench of justice, than the executive chair. In the former 



So given ungrammatically. 



112 



McKEAN FAMILY. 



he displayed the severity of Cethegus, and the probity of Cato ; 
his principles were strictly republican, but he held that education 
should be the first care of a free people, because there is no dan- 
ger so much to be apprehended as ignorance. If he did not al- 
ways direct his energy against ignorance, in the proper time and 
manner, it was the effect, rather of constitutional warmth than 
any worse passion, as no man more sincerely deplored such aber- 
rations than himself. He was in short a man devoted to what- 
ever he conceived to be just — a most faithful citizen, and earnest 
friend of his country, and its liberty, and independence." 

In the Gentleman^s Magazine, London 1817, appears a 
short notice of Governor McKean's death. 

His remains were interred in the burial ground of the First 
Presbyterian Church in Market street, Philadelphia ; the only- 
record among the church archives being in the book of inter- 
ments kept by an illiterate sexton: ''1817, June 26, thomas 
McKean." 

Subsequently the remains were removed to the family vault 
of his grandson, Henry Pratt McKean, Esq., in Laurel Hill 
Cemetery, Philadelphia, over which, on a large plain altar 
tomb,^ is the following inscription : 

McKEAN FAMILY VAULT. 

Beneath 
this marble 

are 
the remains 
of THOMAS McKEAN, 
one of the Signers 
of the 

Declaration of Independence, 
President of Congress in 1781, 
Chief Justice 
and 
Governor 
of the 
State of Pennsylvania, 
Born, March 19, 1734, 
died, June 24, 1817. 
And the DESCENDANTS of his 
FAMILY, 



1 Mentioned in The Official Guide Book ofPhila., Thompson Westcott, 1875. 



THOMAS McKEAN. 



113 



HIS LIFE AND CHARACTER. 

The reader who has perused this biography will, I doubt 
not, have already formed his own estimate of Thomas 
McKean's character. In the many extracts already given, 
from the writings of judges, lawyers and historians, — his con- 
temporaries and others, — his friends and opponents, there is 
no conflict of opinion upon this subject ; and the general im- 
pression left on the mind of the reader, will convey a far more 
accurate estimate of Thomas McKean's character, than any 
brief summation in a single paragraph. 

The great age attained by many of the Signers of the 
Declaration, and the exceedingly high average of their lives 
collectively, has been noted by historians ;^ four lived to be 
over 90, and eight others between 80 and 90. Of McKean, 
one of his biographers remarks that ''For a man of so varied 
and such great labors, his length of life was remarkable, and 
illustrates the maxim, that sloth, like rust consumes faster 
than labor wears. 

At the close of Governor McKean's life there were living 
besides himself, five signers ; these last survivors of that im- 
mortal group of patriots were as follows :^ 

Thomas McKean, born 1734, died 1817, aged 83 years 3 mo. 
William EUery, 1727 1820 92 2 

William Floyd, 1734 1821 86 8 

John Adams, 1735 1826 yO 9 

Thomas Jefferson, 1743 1826 83 2 

Charles Carroll, 1737 1832 95 2 

During his latter years Thomas McKean kept up a cor- 
respondence with Jefferson, Adams, and other revolutionary 
patriots. On hearing of his death, Mr. Adams immediately 
addressed the following letter, dated Quincy, June 30, 1817, 
to the euitor of NiUfs' Register, as a tribute to his deceased 
friend: 

'*]Mr. NiLES. The oldest statesman in Nortli America is no 
more. Vixit. McKean, for whose services, and indeed for whose 
patronage the two states of Pennsylvania and Dehiware once con- 
tended, is numl)ered with the fathers. 1 cannot express my feel- 
ings upon this event in any way, better, than by tlie publication 

^Goodrich, preface. 
2 Armor. 

'Lanman, Bio^. Annals. , 



114 



McKEAN FAMILY. 



of the enclosed letters. [Here follow the dates of eight letters, 
the latest being June 17, 1817.] I pray you to print these letters 
in your Register. John Adams." 

This letter and the enclosures, were accordingly published 
as requested on the 12th of July, (vol. xii, p. 305, et s^eq). 

Mr. Adams on the 30th of December following, in a letter 
to John M. Jackson, speaks in the following high terms of 
Governor McKean : 

" In 1774, I became acquainted with McKean, Rodney and 
Henry. [Patrick Henry.] Those three appeared to me to see 
more clearly to the end of the business than any others of the 
whole body. At least they were more candid and explicite with 
me than any others. Mr. Henry was in Congress in 1774, and a 
small part of 1775. He was called home by his state to take a 
military command. McKean and Rodney continued members, 
and, I believe I never voted in opposition to them in any one 
instance." ^ 

It will undoubtedly have been noticed in this biography, 
that Thomas McKean was an eminently successful man in life, 
and essentially a leader among men. Moreover he had the 
true training of a leader, — that of beginning in a lower station 
and ascending. So marked is this, that when the colonies 
were arming themselves in 1775, Mr. McKean, although fill- 
ing the exalted station of a delegate in congress, hesitated not 
to enroll himself in the army as a private. As a lawyer he 
soon took a leading stand in his profession ; as a member of 
the Assembly he rose to be Speaker ; in congress he became 
President ; as a judge he rose from the lower courts to the 
highest judicial office, that of Chief Justice ; in the array from 
being a private, he became colonel, his province however lay 
not in military, but in civil life. As Governor, he filled the 
highest office in the state. In numerous committees, conven- 
tions and public meetings, he either directed their proceedings 
as chairman, or else was a leading spirit on the floor. In no 
case do we find him receding ; even during the stormy days 
while in the gubernatorial chair of Pennsylvania ; and in no 
case do we find him stationary in any line until he has reached 
the highest rank therein. 

I cannot better close this biography, than with the conclud- 
ing paragraph in Sanderson's Lives : 

Thomas McKean outlived all the enmities ^ which an active 

^Works, X., 269. 

'After a perusal of everything that I can find, in print, regarding Thomas 



THOMAS McKEAX. 



115 



and conspicuous part in public affairs, had in the nature of 
things, created ; and posterity will continue to cherish his 
memory, as one among the most useful, able, and virtuous 
fathers of a mighty republic. 

Conscia mens recti^ famce mendacia ridet. 

HIS WILL AND SEAL THERETO. 

Thomas McKean's will is a holograph will, made, as he 
himself says, when he has passed his eightieth year. It 
covers seven pages of large sized unruled paper, and is dated 
very appropriately August 13, 1814, "and of the independ- 
ence of the United States of America, the thirty-ninth." He 
firsts directs " that my funeral may be decent but not ex- 
pensive." To his wife, he leaves the choice of his house- 
hold furniture to the value of $1000; and $600 per annum, 
and also a house in Holmesburgh. Forty thousand dollars 
advanced to his children is remitted and released to them. 

To Joseph B. McKean, his mansion house in Philadelphia, 
the pictures in the hall of the house, gold-headed cane, " my 
steel-seal ring with my coat of Arms cut thereon," Family 
bible. Notes of cases, and all his manuscripts. 

To Mary McKean only child of his son Robert, deceased, a 
house in Holmesburgh. 

To Andrew Pettit for the four sons and four daughters of 
his deceased daughter Elizabeth, 11 tracts of land on Brush 
creek Beaver co., 2200 acres, and also some rent charges. 

To Laetitia Buchanan, land on the Ohio river Beaver co. 
near Logstown, six tracts, 1580 acres ; also a plantation called 
Pottersfield in the new county of Centre, 407 acres worth $40 
per acre. 

To the four children of Anne Buchanan, (to Joseph B. 
McKean in trust,) tracts of land on the N. W. of the Ohio 
river, 1110 acres ; and a tract of 404 acres in Haines's town- 
ship, Luzerne co. and some rent charges. 

To his daughter Sarah Maria Theresa, Marchioness de Casa 
Yrujo, 8 tracts on the Sewickly creek, Allegheny co., 22t)(> 
acres 52 perches. 

McKean, (and the references here given will show that this search has not 
been limited,) I am happy to testify that this statement is true. William 
Duane, his most violent opponent, pays him a generous tributi' in his obit- 
uary ; and among recent writers, I have found but two who have written 
against him, namely, William T. Read, in 1870: and a historical writer in 
the Village Record of West Chester, Pa., 1860, both quoted in these pages. 



116 



McKEAN FAMILY. 



To Thomas McKean, plantation called Chatham, 392 acres 
in London Grove township, Chester co. and 6 acres of chestnut 
wood six miles distant, also "my silver hilted small sword, my 
stock, knee and shoe buckles," and his folio hot press bible. 

To his daughter Sophia Dorothea, 4 tracts in Centre co., 
1684 acres 32 perches ; two lots on Spruce street between 
Sixth and Seventh streets. 

To his grandson Samuel M. McKean, plantation in Mt. 
Equity 300 acres, in McKean co. 

His executors may sell 5 acres on Logan street Phila. co.; 
and about 440 acres, and a tract of 150 acres in Newcastle, 
Del. 

" All the rest of my estate, real and personal, I give devise, 
and bequeathe to my grandchildren Thomas McKean Pettit, 
McKean Buchanan, Thomas McKean Buchanan, Charles Ferdi- 
nand de Yrujo, and Henry Pratt McKean, and their heirs and 
assigns forever, as tenants in common." 

Joseph B. McKean, Andrew Pettit, and Thomas McKean 
are named as executors. 

Witnessed by Jared IngersoU and J os : Reed ; Proved June 
27, 1817, and recorded in Philadelphia, No. 90, lib. 6, fol. 
467. 

The will is sealed with red sealing-wax, about the size of a 
quarter of a dollar, now somewhat broken on one side ; but 
enough remains to show the impression of a coat of arms, sub- 
stantially the same as those on David Edwin's engraving of 
Stuart's painting. 

COAT OF ARMS. 

There is no coat of arms in this family that I believe to be 
genuine. The arms under David Edwin's engraving, and the 
same as used by Governor McKean on the seal of his will, are 
as follows : 

Arms : Or, four pallets gules, dehruised hy a hend sinister azure, 
charged with a crescent decrescent argent, between two mullets of 
six points, of the same. 

Crest : An eagle crested, with ivings displayed, perched upon a 
snake, with head erected. 

Motto : Mens sana in corpore sano. 

In a copy of McKean' s Laws at the Library of the Su- 
preme Court of the United States, there is a book plate of 
these arms, (the only book plate of them I have seen or heard 



THOMAS McKEAX. 



117 



of,) with the tinctures clearly shown ; and identical with the 
above, save that the divisions of the shield are faly of eighty 
instead of nine. Below the arms on a drapery is the name 
McKean, in script letters, and below that the engraver's name, 
M. de BruJs, 

These arms, I believe to be spurious ; but when or by whom 
first assumed I know not. !My chief reasons are as follows : 
1st. No McKean family in England carries such arms ; of the 
three families named in Burke^a General Armory^ two carry 
a saltire, and the other three trefoils. 2d. No one would 
voluntarily carry the bend sinister. 3d. There is two great a 
similarity to the " stars and stripes " in the shield, — to the 
American eagle in the crest, — and the motto is a household 
word. 4. Judge Thomas McKean Pettit, with a patriotic 
notion discarded his proper crest, and substituted therefore an 
eagle almost identical to that in the above arms, save that in 
these, the eagle is crested^ and in the Pettit, not crested^ re- 
guardant. And what is more likely than this having been 
done by Judge Pettit, in imitation of his grandsire? 

In some branches of the family, these arms are well known, 
through David Edwin's engraving, and from colored drawings ; 
but none of Judge Joseph B. McKean's descendants know any- 
thing of the "steel seal ring" willed by Governor McKean to 
his eldest son, and from which I had hoped to gain some in- 
formation about these arms. 

Our relative Henry Pettit Esq., of Philadelphia, who is 
interested in family history, and has made some researches as 
to a coat of arms, writes under date of February 26, 1886 : 
"If the McKeans ever had any crest or arms, I should like 
greatly to see it, never having come across it as yet." In 
reply I mentioned these spurious arms ; and not long after 
received a letter dated June IT, 1886, containing the following 
interesting extract: 

" In a previous letter you wrote with regard to the often asked 
for McKean arms. I think myself, that there really are none. 
I have never seen tlie so-called arms you refer to, but if ever you 
come across anything engraved or photoed, or representing the 
so-called McKean arms, 1 siiould like, from curiosity to see it. 
One reason is this, — About the beginning of this century there 
seems to iiave been quite a craze, to get u[) in some families, an 
American modijication of the English Arms the families had pre- 
viously worn ; and the result was remarkable, from a herald's 
point of view in many cases. I had myself a book plate of the 
Pettit arms so changed, with eagle for crest, and helmet, vizor up 



118 



McKEAN FAMILY. 



full faced, which had been purposely changed by Judge Thomas 
McKean Pettit, from his grandfather Charles Pettit's arms, in 
order to Americanize it, and get rid purposely of all the English 
except the arms proper; and by the eagle show the American 
branch. I showed these arms as a joke at the College of Arms, 
London, and I thought the Herald would have split with laughter. 
Nevertheless it showed the American independent spirit rampant 
at that period. Now I am disposed to think that a McKean 
plate, arms, crest, and motto, all complete, was devised by some 
patriotic McKeanite, say about that same time, eagle -as usual, 
and all other American features." 

PORTRAITS, HISTORICAL PAINTINGS AND ENGRAVINGS OF 
GOVERNOR McKEAN. 

1. An oil Portrait by Gilbert Stuart, and considered 
one of his masterpieces, on a panel formerly in possession of 
the eldest son, Joseph B. MeKcan, now in possession of the 
latter's grandson Samuel M. McKean. It is a half length, 
showing the left side, and the badge of the Cincinnati on the 
left breast, the head turned nearly full face. In the Life and 
Works of Gilbert Stuart by George C. Mason, N. Y., "J 879, 
this picture is catalogued with the encomium, " An upright 
Chief Justice, an enlightened lawyer, a sagacious politician, he 
was looked up to as one of the most reliable men of the day." 
By this portrait Governor McKean is best known to pos- 
terity, several engravings having been made from it. 

2. Oil Portrait ; Copy of the previous, by Marchant, 
owned by the Law Association of Philadelphia ; and which 
has been loaned to the Supreme Court since 1875 ; it hangs 
in the place of honor behind the Judge's Bench on the right 
side.^ 

3. Oil Portrait; Copy of Stuart (No. 1,) by James R. 
Lambdin, and presented by him to the Pennsylvania Historical 
Society, Philadelphia, November 17, 1852. Numbered 141, 
on the Society's Catalogue of Paintings. 

4. In the Old State House, Indepejidence Hall, oil por- 
trait by Peale. The right side of the face is shown. ^ 

5. Signing the Declaration of Independence, by Trum- 
bull. The original, 30x20 inches, is in the Trumbull Gallery 
of Yale College. A copy made by the same artist, painted by 

^See John Hill Martin, Bench and Bar, p. 222. 

'See Catalogue of Ind. Hall for use of visitors, portrait numbered 11 ; also 
Belisle's Hist. Ind. Hall^ 1859 ; and F. M. Etting, Histor. Acct. of Old State 
Ho., 1876. 



THOMAS MoKEAN. 



119 



order of Congress, is one of the eight large historical paintings 
in the rotunda of the Capitol at Washington. Thomas McKean 
is one of the delegates here represented, and numbered 46. 
Not all the members of Congress are however included. The 
picture is well-known by engravings.^ 

6. Washington Resigning his Commission, by Edwin 
White 1859, a large historical painting in the State House, 
Annapolis, Md. Thomas McKean is here represented among 
the delegates, and numbered 18 in the key engraving. As a 
matter of fact however the resignation took place December 
23, 1783, and Mr. McKean's term had expired some months 
before ; — an anachronism, undoubtedly due to Mr. McKean's 
prominence and long service in Congress. Thomas Mifflin, 
president of Congress, Charles Carroll, Thomas Jefferson, and 
Edward Lloyd are also among the delegates shown. This is 
quite a different picture from tliat of Trumbull, representing the 
same scene, and which is another of the eight large paintings 
in the rotunda of the national Capitol. 

7. Lady Washington's Reception Day; by Daniel 
Huntington of New York. Thomas McKean is numbered 35, 
and is described in the key engraving as Chief Justice of 
Pennsylvania. There are sixty-four likenesses in all. The 
artist very kindly informs me that the picture 1s 6x9 feet ; and 
that it was painted in 1859-60, for A. H. Ritchie, the well- 
known engraver ; who paid $2500 for it, and who made the 
steel engraving by which it is well known. This picture was 
recently in the collection of A. T. Stewart of New York, and 
was purchased at the sale of his pictures by the Hamilton Club 
of Brooklyn, for $3300. The likeness of Thomas McKean 
was painted from the engraving of Welch after Stuart.*^ 

8. The First Prayer in Congress ; September 1774. 
Painted by T. IL Matterson for the Carpenters' Company of 
Philadelphia, to commemorate the meeting of the first Congress 
in Carpenter's Hall. This picture is also well known from the 
engraving on steel by H. S. Sadd " From the original picture, 
painted expressly for this engraving," 1848. Thirty-three 
persons are represented. General Washington, No. 9, kneels 
in the foreground; Thomas McKean, No. 21, also kneels; in 
the background stands Stephen Hopkins, No. 18, the Quaker 
from Rhode Island, with his hat on. 

'See a paper by Lyman C. Draper; Collections^ State Hist. Soc. of Wis., 
vol. X. 

'Letter of the Artist, June 19, 1888. 



120 



McKEAN FAMILY. 



9. Oil Portrait by Stuart, in possession of His Excel- 
lency the Marquis de Casa Yrujo, Madrid, Spain. 

10. Oil Portrait, Copy of Stuart's (No. 1) by McMurtrie 
of Philadelphia, made for Samuel M. McKean of Washington, 
and now in possession of his daughters. 

11. Oil Portrait by Charles Wilson Peale, in posses- 
sion of Henry Pratt McKean Esq. of Philadelphia, a large 
painting with the Governor's son Thomas, at the age of about 
ten years, standing by his side. 

12. Oil Portrait by Charles Wilson Peale, presented to 
his daughter Elizabeth, on her marriage with Andrew Pettit, 
now in possession of Mrs. Sarah P. Wilson of Philadelphia. 

13. Oil Portrait ; Artist unknown, on a panel, (It re- 
sembles Stuart's No. 1, and may be a copy ; the badge of the 
Cincinnati being shown). Formerly in possession of the Gov- 
ernor's daughter Lgetitia Buchanan, and at her death passed 
to her son the late Admiral Franklin Buchanan. Now at his 
late residence, " The Rest," Talbot Co., Maryland. 

There may be other portraits or copies that I have not 
heard of. 

Engravings ; on steel or copper, 

i. Engraving by David Edwin, entitled "Thomas McKean, 
Governor of the Commonwealth of Pennsylvania, Vice Presi- 
dent of the State Society of Cincinnati, etc." " Engraved by 
David Edwin, from the original Picture by Gilbert Stuart in 
the Possession of J. B. McKean Esq." It is about one-fourth 
of life size. I only know of five of these engravings, which 
are usually framed; doubtless there are many more. 1. In 
the author's possession. 2. Mrs. Admiral Buchanan, " The 
Rest," Maryland ; 3. The Misses Coale, Baltimore ; 4. Family 
of the late Samuel M. McKean of Washington ; 5. In the 
compiled Biography of the Signers in the Pennsylvania His- 
torical Society library, three 4** volumes valued at $2000. 

ii. Engraving, "by J. B. Longacre from a Portrait by G. 
Stuart." This is the illustration in Sanderson's Lives ^ First 
and Second Editions. It is slightly less than one-half the 
size of the previous. 

iii. Engraving, "by T. B. Welch, from a painting by G. 
Stuart." "M. Quig printer." This illustrates the National 
Portraits by Longacre and Plerring ; vol. for 1839 ; and also 
the second edition, by Rice and Hart 1854. 

iv. Engraving, '*by S. C. Atkinson," [Apparently a copy 



THOMAS McKEAN. 



121 



of Stuart] which illustrates Conrad's edition of Sanderson's 
Lives, 1 vol. imp 8" 1846 ; and also Benner's Dutch edition, 
1842-58. 

V. Print by Tiebout, in possession of the Pennsylvania 
Historical Society, entitled " Thomas McKean Governor of 
Pennsylvania, Published by D. Kennedy 228 Market St." 
The likeness shows the right side of the face ; and is not 
familiar, to those who know Stuart's and the engravings from 
it. In its general appearance it resembles Peale's (No. 4), 
but in the details it does not ; the expression is different from 
Peale's Portrait. 

vi. Etching of the last named, by Albert Rosenthal, Phila- 
delphia, forming the illustration to "Philadelphia and the 
Federal Constitution.''^ 

vii. August 1781 "A profile in black lead of the pres. of 
Congress Thos. McKean, form of a medal," Extract from the 
note book of P. E. Du Simitiere in Penn. Mag. xiii. 367. 
The whereabouts of this likeness is not now known. 

viii. Centennial Memorial of American Independence ; 
by the American Bank Note Company, (30J in. by 19f in.) 
This large engraving contains the Declaration, several his- 
torical scenes connected with it, etc., Thomas McKean after 
Stuart, being one of the few likenesses here shown. 

ix. The Frontispiece of the present work is a reproduction 
of David Edwin's engraving (No. i.) by the Moss Engraving 
Company of New York, and reduced one-half size. The auto- 
graph is from Stone's facsimile of the Declaration, men- 
tioned, ante pp. 48, 49. 

Wood cuts illustrating various works, some of them very 
good likenesses, and generally after Stuart, are numerous ; 
but no list of them has been made. 

GOVERNOR McKEAN'S AUTOGRAPH AND LETTERS. 

Thomas McKean's autograph is not a rare one compared 
with others of the Signers. Autograph hunters have suc- 
ceeded in collecting twenty-two complete sets of autographs 
of the Signers ; and it is not likely that any other complete 
set will ever be made, owing to the scarcity of one or two of 
the signatures.^ Notices of some of these collections with 
fac-similes, including a sample of Governor McKean's writing, 
may be found in Harper^ s Mayazine vol. xlvii. 258, 424, et 



Lyman C. Draper, in Col. State Hist. Soc. of Tf7«., voL x. 



122 



McKEAN FAMILY. 



seq. The most valuable and interesting letter of Thomas 
McKean may be found in fac simile in the Book of the 
Signers^ bj William Brotherhead, Phila. 1861. The original, 
now or lately in possession of T. M. Rodney Esq., is dated 
Philadelhipa, August 22, 1813, and refers to his name being 
omitted in the first published copies of the Declaration, his 
sending an express for Caesar Rodney, and his writing the 
Constitution for the State of Delaware in one night, without 
the aid of books or papers.^ 

Comparatively few letters of Thomas McKean have been 
quoted in this biography ; Sanderson's Lives contains other 
letters and extracts not here quoted. A number of letters to 
and from Thomas McKean may be found in the Works of John 
Adams by his grandson Charles Francis Adams, 10 vols. 
1856. Eight letters published by John Adams may be found 
in JViles' Register, vol. xii, p. 305, et seq. In the Correspon- 
dence of the Revolution, 4 vols. Boston 1853, and in the 
Diplomatic Correspondence of the Revolution, 4 vols. Boston 
1829, both by Jared Sparks, are several letters, some of them 
addressed to Washington. A valuable letter to William 
McCorkle, June 16, 1817, may be found in Niles^ Register vol. 
xii; 278, and also in the Extracts from the Diary of Christo- 
pher Marshall, William Duane, Albany 1877 ; in reference to 
the omission of his name on the copies of the Declaration. 
Several letters may likewise be found in Hazard's Pennsylva- 
nia Colonial Records, 16 vols, and its continuation, the Penn- 
sylvania Archives, 12 vols, by Linn and Egle, published by 
the state, 1852-3. Other letters are scattered among various 
biographies, and other works. 

In the Department of State at Washington ' are at least 
ninety-eight letters of Governor McKean, but few of which 
have probably been published. Eighty-eight of these were 
written while President of Congress, and are addressed among 
others to Samuel Huntington, Gens. Greene, Washington, 
Lafayette, Stark, Heath, Lincoln, Marion, Schuyler ; Govs. 
Hancock, Clinton, Trumbull, Nelson, Burke ; Presidents Reed, 
Rodney, the President of New Hampshire ; also to M. de 
Marbois, Dr. Franklin, William Bingham, The People of New 
Hampshire, Hon. R. R. Livingston, The Minister of France, 

1 This letter was read by the Hon. Thomas F. Bayard, in his address on 
the occasion of the unveiling of the monument to Caesar Rodnej, at Dover, 
Del., October 30, 1889. The author kindly sent me a printed copy of the 
Proceedings containing his address; but it was received too late to be in- 
serted in the note on page 29. 



THOMAS McKEAN. 



123 



Thomas Jefferson, Count Rochambeau, Michael Hillegas, 
Count de Grasse. Also six other letters to General Washing- 
ton, one of which, dated Newark October 8, 1777, is quoted 
in these pages from Sparks' Correspondence of the Revolution. 
These letters are not generally accessible unless copies are 
requested. 

BIBLIOGRAPHY. 

A list of all works I have met with, which contain a biog- 
raphy of Thomas McKean, is appended to this genealogy, 
(Appendix I). Many of them are however copies of one 
another. In the appendix may also be found a list of official 
publications closely connected with the life of Thomas McKean. 
Other works containing merely mention of him are too numer- 
ous to be named, but references to them may be found in the 
notes to the foregoing biography. 

Of these biographies, a few only need special mention as 
being well written, or containing facts not given in the other 
works, namely: 

1. Sanderson's Lives 1820-7, and subsequent editions; 2. 
Judson's Biograpthy of the Signers, 1889, a beautifully 
written article ; 3. National Portraits, an article signed T. 
A. B. (author unknown), well written, but containing numer- 
ous mistakes in dates. 4. Nevin's Continental Sketches of 
JJistinguished Penn8ylva7iia7is, ISl 5. 5. Armor's Lives of 
the Governors of Pennsylvania, 1872. 6. Hazard's Regis- 
ter, iii. 241 — The Supreme Court Bench of Pennsylvania ; 7. 
Scharf and Westcott's History of Philadelphia 8 vols. 4", 
1884, containing also very numerous references, and facts not 
elsewhere published. 

CONCLUSION, GOVERNOR McKEAN'S CHILDREN. 

* 

Governor McKcan's second wife survived him but three 
years, and died on Saturday, May 6, 1820, aged seventy-three 
years ; and was buried on the 7tli in the grave yard of the 
First Presbyterian Church. An oil portrait of her hy Stuart 
is in possession of His Excellency the Manjuis de Casa Yrujo, 
Madrid, Spain ; and another by Charles Wilson Pealc, noted 
on a previous page, is the property of Henry Pratt McKean, 
Esq., of Philadelphia. 

All of Governor McKean's children are named in his bible 
record, owned by Mr. Henry Pratt McKean ; and also the first 



124 



McKEAN FAMILY. 



six in another record in possession of Miss Anna M. Bayard. 
They are as follows: 

By his first wife Mary Borden : 

i. Joseph Borden, b. Sunday, July 28, 1764. 

ii. Robert, b. Sunday, March 9, 1766. 

iii. Elizabeth, b. Tuesday, August 18, 1767 (Mrs. Andrew 

Pettit). 

iv. Letitia, b. Friday, January 6, 1769 (Mrs. George Buch- 

anan). 

V. Mary, b. Monday, February 18, 1771; d. Thursday, De- 

cember 27, 1781 ; buried in burial ground 
of First Presbyterian church. 

vi. Anne, b. Thursday, February 25, 1773 (Mrs. Andrew 

Buchanan). 

By his second wife, Sarah Armitage : 

vii. A Son, b. Wednesday, November 1, 1775; d. the same 

day. 

viii. Sarah, b. Monday, July 8, 1777; baptized by Rev. Jo- 

seph Montgomery (The Marchioness de 
Casa Yrujo). 

ix. Thomas, b. Saturday, November 20, 1779, Philadelphia; 

bapt. Jan. 30, 1780.1 

X. Sophia Dorothea, b. Monday, April 14, 1783, Philadelphia ; bapt. 

July 27, 1783 ;i d. December 27, 1819; 
bur. First Presbyterian church. 

xi. Maria Louisa, b. Wednesday, September 28, 1785, Philadel- 
phia ; bapt. Jan. 30, 1786 ;i d. Tuesday, 
October 21, 1788 ; bur. First Presbyterian 
church. 

' These baptisms are from register of First Presbyterian church, Phila. 



APPENDIX 1. 



LIST OF BOOKS CONTAINING BIOGRAPHIES OF 
THOMAS McKEAN, AND OTHER WORKS. 

fWORKS CONTAINING MERE MENTION OF ThOMAS McKeAN, 
COMPRISING THE GREATER PART OF THOSE REFERRED TO IN 
THE FOOT NOTES, AND NUMBERING ABOUT 200, ARE NOT IN- 
CLUDED IN THIS LIST.] 

Sanderson's Biogrophies of the Signers. 

Biography of the Signers of the Declaration of Independence, 
John Sanderson, 9 vols. Phila. R, W. Poineroy, 1820-7. En- 
graving by J. B. Longacre. Robert Wain is the biographer of 
Thomas McKean and of many other of the signers. This is the 
earliest work and the original of all the subsequent Lives of the 
Signers; and is still the standard work of its kind. Being pub- 
lished at first anonymously, it has been sometimes called '■"Pom- 
eroy's Lives.'' 

(Rather singularly I ha\e found a great variety in the title 
pages. One set dated 1820-7 ; a second 1823-7; a third 1823-4; 
Sanderson's name is given in some volumes, and not in others of 
the same set. On an engraved title page some volumes have a 
coiled serpent, others a femah^ figure.) 

The same, 2d Edition, ;> vols. Philadelphia. Pub. by W. 
lirown and C. Peters, 1828. Engraving by J. B. Longacre. (A 
('<*vv minor changes ma<le in this edition). 

The same. vols. Published by B»Minet and AValton, 1831. 
(Word for word the same as th<! 2n(l edition.) [Not illustrated.] 

The same. Revised by Robert T. Conrad. 1 vol. Imp. 8*. 
Thomas Cowperthwait tfc Co. Pliila. 184(>. Engraving by S. C. 
Atkinson. 

The same as the last named. Willi fiO engravings, collected 
and prepared by William Brothcrhead, ISf).'). 1 vol. 4°. 160 
copies. $20.00. [Illustrated with a picture of Duche's house, 
but no engraving of Thomas McKean.] 

Edition of Sanderson by Fowle, 18G4. 007 p[)., rough edges, 
$81. [Mentioned by Allibone.] 

9-6 ( 12:') ) 



126 



McKEAN FAMILY. 



Lives of the Signers^ By other authors. 

C. A. Goodrich, Lives of the Signers. New York, 1829. 1 
vol., 12**. [Partly illustrated, no engravings of Thomas McKean.] 

N. Dwight, Sketches of the Lives of the Signers, New York^ 
1830; 1 vol., 12". [Not illustrated,] 

L. Carroll Judson, Biographies of the Signers (Author a mem- 
ber of the Philadelphia bar). Phila., 1839. 1 vol., 8°. [Not 
illustrated. A beautifully written biography.] 

B. J. Lossing, Lives of the Signers, 1848 and Phila., 1870, 
1 vol. [Poor woodcut likeness.] 

E. Benner, Lebensbeschriebungen samnitlicher unterzeichner 
der unabhangigkeitz-Erklarung. (In Dutch, chiefly from Good- 
rich's Lives. Engraving by S. C. Atkinson from Stuart. 12°. 
Sumneytown, Penn. 1842 and 1858. 

Book of the Signers. William Brotherhead, large folio, Phila., 
1861, containing facsimiles of letters, etc. Duche's house is 
shown. 

Centennial Book of the Signers. William Brotherhead, Phila., 
copyright 1872, folio. A similar work to the previous. A poor 
woodcut after Tiebout. 

Biography of the Signers, 3 vols., large 4", in the library of the 
Pennsylvania Historical Society, for which the Society paid 
$2000. This w^ork is a compilation. Each leaf from Sanderson's 
Lives is set in a border of stout paper, and the work illustrated 
with engravings, views, autograph letters, etc., from various 
sources. Engraving, large size by David Edwin. 

Lives of the Pres. U. S. with biog. notices of Signers of the 
Dec. of Ind.; Robert W. Lincoln, Brattleborough, Yt., 1839. 

Other Biographies of Thomas McKean. 

National Portraits, J. B. Longacre and James Herring, 4 vols., 
4*» (vol. iv., for 1839). Engraving by T. B.Welch. A good 
biography. 

the same. D. Rice and A. N. Hart. 4 vols., 1854; (vol. iv.) 
Engraving by T. B. Welch. 

Hazard's Register of Pennsylvania, vol. vi. (for 1830), Ifil, 177, 
191, Sanderson's biography in full; also vol. iii. (1829), 241; 
the Supreme Court Bench of Pennsylvania. 

Lives of the Governors of Pennsylvania, William C. Armor. 
Phila., 1872. Wood cut and autograph. 

Scharf and Westcott, History of Philadelphia. 3 vols., 4^ 
Phila., 1884. Biography ii., 1515, et seq., and very numerous 
references throughout the whole work. Wood cut, good likeness. 

History of Chester county, Penn., Judg^^ John Smith Futhey 
and Gilbert Cope. 4°. Phila., 1881. Biography arid woodcut, 
644 et seq. 



APPENDIX I. 



127 



Illust. History of Penn., William H. Egle, 1870. Short sketc li 
and likeness. 

Pennsylvania and the Federal Constitution, John Bach Mc- 
Master and Frederick D. Stone. Phila., 1888. 8°. Short sketch 
and etching from an old print by Tiebout. 

Scharf's History of Delaware, 2 vols. Phila., 1888, i. 567. 

Sages and Heroes of the American Revolution, L. CarrollJud- 
son, 2 vols., 18ol. 

Harper's Magazine, iii. Ho, vii., 429, etseq,,'d short sketch and 
likeness; xlvii., 429 et seq., fac-simile of handwriting of various 
signers; lii. 871, anecdotes and a good wood-cut likeness. 

Historical Mag. of Notes and Q. iv., 2d Ser., Nov. 1868, p. 209, 
short sketches of the signers and others, with copies of letters from 
an autograph collection. 

History of Independence Hall, D. W. Belisle, Phila., 1859. 
short sketch. 

Continental Sketches of Distinguished Pennsylvanians, David 
R. B. Nevin. Phila., 1875. 8°. A good biography. 

Lives of Eminent Philadelphians, Henry Simpson, Phila., 
1859. 

Field Book of the Revolution, Benson J. Lossing, New York, 
1852 (and various editions). 2 vols. Various references and 
short biography, ii., 871; likenesses of the signers, etc. 

Pennsylvania Magazine, xi., 249, etseq. "The Federal Con- 
stitution," by William H. P'gle. Sketches of members of the 
Convention. A good biograi)hy. 

Life and ('orresp. of George Read. William T. Read, Phila., 
1870. A full biogra[)hy of Thomas McKean, j). ;382, ef. seq. 

Notii^ Cestrienses. From the Vilhif/e Record, West Ciiester, 
Pa., 1860. No. 12 of a series of historical articles. A Miort 
biography. 

Bordentown and its Environs. Iji the lioi'dciilowii Register, 
1876. Historical articles by E. M. Woodward, chap. xii. The 
Borden Family, and a sketch of Thomas McKcan. 

Catalogue of Independence Hall, 1878. (For the use of visi- 
tors.) List of portraits and brief sketches of the Signers. 

Baltimore American and Commercial Advertiser, (I:it«' iiiikiiown, 
probably fpioted from Sanderson, about 1S27. 

Biographicdl Dirtioiin rivn, rtr. 

A})pletoM's New Cyclopaedia of liiograpliy, <• noIs., I.S.S7, a 
good sk(Mch and likeness. 

liiograpliical ICncy(;lop;edia of Peniisy 1\ ania, I-S7 I. 

New American Cyclopaulia, !(> vols. New York, IH75. 

Alii bone's I)i(ttionary of Authors, vols. A brief sketch. 

Dictionai'y of Congress, Chailes rianmae. ( Piil)lislied by 
Congress.) ^ :)\\\ Ed., 186S. 



128 



McKEAN FAMILY. 



Biographical Annals of the U. S. Government, Charles Lan- 
man, 2d Ed., 1887. 

Drake's Dictionary of American Biography, Boston, 1872. 

Allen's American Biograpliical Dictionary. 

Political Register and Congressional Directory, B. P. Poore, 
Boston, 1878. 

Appleton's Cyclop, of Biog., 1 vol., 1868, p. r)58, brief sketch, 
improperly indexed. 

Harper's Popular Cyclop, of U. S. History, N. Y., 1881, 
2 vols. 

Johnson's New Illust. Cyclop., N. Y., 1878, 4 vols. 4°. 
Official Publications. 

Journals of Congress, 13 vols. Pub. by authority, Phila., 
1777, and subsequent ed. 

Secret Journals of Congress, 4 vols. Pub. by Congress, 1821. 

Debates on the Federal Constitution, Jonathan Elliot, 4 vols., 
published with the sanction of Congress, Washington, 1854. 

Reports of Cases in Pennsylvania, A. J. Dallas, 4 vols., 1790- 
1807. Dedicated to Chief Justice McKean. 

Pennsylvania Colonial Records, 16 vols. Pub. by the State, 
1852-3. 

Pennsylvania Archives, 12 vols.. Hazard, 1853. 

Worh hy GoViernor McKean. 

Laws of Newcastle, Kent and Sussex on Delaware, 1753-62, 
By authority of the General Assembly, by Thomas McKean and 
Coesar Rodney. And laws down to 1777. Wilmington, 1763- 
77. Catalogued at the library of the Supreme Court of the 
United States, with a note, "believed to be the first book printed 
in Delaware." See page 14 ante. 

Acts of the General Assembly of the Commonw(!alth of Penn- 
sylvania, etc., by Thomas McKean, 1782, known briefly as Mc- 
JCean's Laws. See page 73 ante. 

Charge of Thomas McKean, Chief Justice, to Grand Jury at 
Court of Oyer and Terminer,* and General Gaol Delivery, held 
at York in 1788. (Hildeburn's Issues Phil. Press 1886, No. 
3738.) See page 61 ante. 

Commentary on the Constitution of the United States by 
Thomas McKean and James Wilson, London, 1792. See page 
81 a?ite. 

Speech [to the Legislature, Dec. 8, 1808], no title page, 8°. 
(Boston Atl). Cat.) 



APPENDIX 11. 



MISTAKES AND DISCREPANCIES IN PRINTED 
BOOKS REGARDING GOVERNOR 
THOMAS McKEAN. 

Sandersoii's Lives. Adm. bar Chester co., 1755, not 1756; and 

Sup. Ct., 1758, not 1757 Meeting at Carpenter's Hall in 1776, 

Franklin was not on the committee with Mr. McKean Vote on 

Res. of Independence taken July 2d, not 1st Mr. McKean 

signed Dec. Ind. in Jan. 1779, or later, not Oct. 1776 Mr. Mc- 
Kean was not president of Delaware when appointed Ch. Justice, 
the office devolved upon him afterwards. — Const, of Delaware 
written at Newcastle^ not Dover — Mr. McKean moved to ratify 

Const, of U. S. on 24th, not 26th (See Elliot's Debates) Mr. 

McKean m. 1st, July 21, 1763, not July, 1762 wife died March 

12, 1773, not Feb. 1773 He m. 2d, Sept. 3, 1774, which was 

Saturday, not TJmrsday. — Age at death, 83 y., 2 m., 25 days, not 
16 days. 

Goodrich's Lives. Continental Cong, met Sept. 5th, not 3rd, 
1775. 

Journals of Compess and Articles of Confederation, discrepancy 
in date of ratification mentioned in the text (p. 65). 

Declaration of Independence. Arguments to show that John 
Hancock and Charles Thomson did not sign it on July 4th, 1776, 
as generally stated by historians (p. 31, e< seq.) 

National Portraits, 1830. Mr. McKean served in Del. Assem- 
bly till 1779, not 1777. — Stamp Act Cong, met 1765, not 1768 — 
Com. to prepare Art. Confed., 1776, not 1775. — Loan Comms. till 

1776, not 1772 Justice of Peace, 1765, not 1768 — Art. Confed. 

agreed to 1777, not 1776 Also Sanderson's mistakes in dates of 

m., d. and age are here copied. 

Etting's Old State House, Lossing's Field Book of Rev., Scharf 
and Westcott's Hist. IViila., and Schart's Hist. Md., give but 
twelve names on committee to prepare Art. Confed.; there were 
thirteen, one from each State (see text, p. 65). 

Armor's Lives of Govs, of Pa., and Scharf and Westcott's 
Phila. Mr. McKean b. Nero London, not Londonderry. 

(129) 



130 



MoKEAN FAMILY. 



vScharf and Westcott's Phila., p. 446. Con v. to ratify Const, of 
IT. S. met Nov. 20th, not 21st. 

Elliot'5 Debates on Fed. Const., ii, 417. Mr. McKean moved to 
ratify Const. U. S. on Saturday, 24th, not 26th ; Bancroft points 
out this mistake. 

Appleton's Cycl. of Biog. McKean and Wilson's Commentary 
on Const. U. S., published 1792, not 1790. 

Bancroft's Hist. U. S.^ 1876, v. 355, and 1885, v. 16, states 
that Mr. McKean signed the Declaration in 1781. I think it un- 
doubtedly a mistake, although Mr. Bancroft in reply to my inqui- 
ries kindly informs me that he believes it to be correct — that it is 
not a misprint. This date is copied in Winsor's History and in 
Judge Chamberlain's Authentication. 

Life of George Read. William T. Read, 1870, several mis- 
takes in dates, etc. (p. 53 note.) — Claim that George Read wrote 
Const, of Del. not substantiated (p. 52-4). 

Watson's Annals (Hazard's Ed.), and Potter's Am. Monthly, 
mistakes as to Dec. Ind. corrected (p. 33, note). 

Poetical Addresses. G. A. Townsend, Caesar Rodney's 4th of 
July. YorJohn McKean read Thomas McKean; the latter name, 
it will be noticed, does not suit the metre of the poem. The 
author kindly informs me that the character Sarah Rowland in 
the poem is a fiction — an invention for detaining Mr. Rodney. 

Histor. Mag. iv, 2d Ser., 209, et seq. A sketch of Mr. McKean 
contains several inaccuracies. 

Lincoln's Lives Pres. U. S. and Signers, states wrongly that 
Mr. McKean was present in Congress, Aug. 2d, and signed Dec. 
Ind. on that day. 

Hildrith's Hist. U. S., v. 328, vote for governor in 1799, the 
votes for McKean and for Ross are each 10,000 too small. 

The vote for governor at McKean's first election is thus stated 
by Mr. Herman P. Miller, in the office of the Pa. Senate, in a 
letter of Dec. 4, 1889. A mistake of 792 in the return of Chester 
CO. made McKean's vote 37,244 ; corrected the next day in the 
Senate to be 38,036. Ross's vote was 32,643, not 32,641, as in 
Cochran's Handbook. 

Cochran's Handbook of Pa., 1889, gives the three votes thus: — '< 



Thomas McKean, Dem., 38,036 
James Koss, Federal, 32,643 
[The mistake in Ross's vote is 
here corrected.] 



1802. 

Thomas McKean, Dem., 47,879 

James Ross of Pittsburgh,Fed., 9,499 

James Ross, Federal, 7,538 

Scattering, 94 



1805. 

Thomas McKean, Independent Democrat, 43,644 

Simon Snyder, Democrat, 38,483 

Simon Snyder, 395 



ADDENDA ET CORRIGENDA. 



131 



Burlington and Mercer Co., and in Bordentown Register, 1876, 
E. M. Woodward. The progenitor of Borden family is Richard^ 

not Benjamin Joseph Borden m. Elizabeth Rogers, not a dau. 

of Marmaduke Watson. — Mr. McKean d. June 24th, not 4th. 

Genealogy of the Roberdeau Family, p. 137. Borden pedigree, 

the date of 1763-5 belongs to the previous generation Mary 

Borden m. 1763, not 1762. Laetitia McKean b. 1769, not 1770; 

m. June 11th, not 10th Gen. A. Buchanan b. 1734, not 1732, 

iind d. 1786, not 1785. 



ADDENDA ET CORRIGENDA. 



16, 1. 2, I find that Savage gives the date of baptism; his date 
of birth may therefore be more reliable than that deduced from the 
Borden record. 

16, 1. 3, 1614 should be 1610. 

18-19, From the Address of the Hon. Thomas F. Bayard, 
published in the Proceedings on Unveiling the Monumemt to Ccesar 
Rodney, at Dover, Oct. 30, 1889, p. 24, I find that the incident 
here related is from a letter of Thomas McKean to John Adams, 
Aug. 20, 1815. 

19, note 3, for Adam's read Adams'. 

22, 1. 25, et seq,, Compare a hitter of Caesar Rodney to his 
brother Thomas, Aug. 28, 1776, Force's Am. Archives, V. i. 1192. 

28, note 4, for Scharf and Westcott, p. 321, read p. 312. 

39, Plate and in Preface. The clauses in the Domestic Jour- 
nal which are omitted in the published copies, may be found in 
Force's American Archives, IV. vi, 1731 ; in which is given what 
is more properly the Proceedings in Congress than a Journal, for 
it is compiled from various sources. When writing pages 41 et 
seq. of the text, I did not know the high authority attaching to 
these clauses ; or I should have made use of another argument 
which they furnish, to prove that John Hancock had nothing to 
do with the preparation or authentication of the printed broadside. 
The resolutions are not addressed to him either personally or as 
President of Congress, and moreover it will be remarked that the 
expression here made use of is not that the declaration be signed 
but authenticated. 

46. The letter of Caisar Rodney above referred to, Am. 
Archives, V. i, 1192, gives the exact dates when Thomas McKean 
returned to Philadelphia from the army, and when he left for 



132 



McKEAN FAMILY. 



Newcastle. The letter is dated Phila., Aug. 28, 1776, and states 
that Mr. McKean arrived on SunduTj night last, and left yesterday 
morning. This date, 1 have computed, fell upon Wednesday; he 
therefore arrived on the 2oth and left on Tuesday the 27th. 

48-9. Stone's fac-simile of the Declaration. In the Annals 
of Congress, Gales and Seaton, (18 Cong. 1st ses. 1823-4, vol. i. 
82, 431, 779, 915 ; ii. 2711) it is stated that under date of Jan. 1, 
1824, John Quincy Adams, then Secretary of State, informs the 
Senate and House that an exact fac-simile of the Declaration has 
been made on copper, and 200 copies struck off, which are at the 
disposal of Congress. By resolution, these were distributed — 
two copies each to the surviving Signers, to the Marquis de 
Lafayette, to the President, to the late President Mr. Madison, 
etc., etc. But three signers were alive at this time ; and Sander- 
son in his life of Charles Carroll mentions the copy sent to that 
gentleman. The copy in possessioh of Commodore McKean's 
family, can now be identified as one of these, and I am informed 
that there is a tradition in the family that it is one of a number 
distributed to the Signers. Inquiry at the State Department 
elicits the fact that the copper plate is not now in the possession 
of the Department and its whereabouts is unknown. 

65, note 1, Add to the list of works containing but twelve 
names, Scharf's Hist. Maryland, 1879, ii. 465. 

81, note 2, for vol. iii, read ii. 

82, 1. 2, for Ingersol, read Ingersoll. 
117, 1. 11, for two, read too. 



INDEX OF PRINCIPAL SUBJECTS. 



Adams, John, statements regarding the Declaration, 35; — Publishes let- 
ters of McKean, 113; — High opinion of McKean, 114. 
American Philosophical Society, 109. 
Andre's dream, 62. 

Anecdotes and incidents : Unique defense of a client, 19 ; — Express for Caesar 
Rodney, 29, 33; — "Rodney's Ride," 30; — Remarks at signing Declaration 
Independence. 45 ; — McKean's appearance on the bench, 61 ; — Is summoned 
by the sheriff, 61 ; Andre's dream, 62; — McKean hunted like a fox, 64 ; — 
His letter to Col. Hooper, 60; — Ridicules his opponents. 75; — Reviews the 
French and American armies, 71 ; — Anecdote of Col. Tilghman, 71 ; — Cele- 
bration of the ado{)tion of the Federal Constitution, 76 : — Cobbctt, 84-87 ; 
William Tilghman, 90; — Judge Brackenridge, 93 ; — McKean's story of his 
watch, 94 ; — Cobbett's grammar, 84; — McKean hung in effigy, 76, 80 ; — 
An appointment, 90; — A sarcastic toast, 98; — McKean's dignity, 107. 

Articles of Confederation, 64; — McKean one of the Committee, 65; — A 
historical discrepancy, 65. 

Associators of Pennsylvania, 24, 25, 49, 50, 73 ; — McKean a colonel, 26, 
21. 

Attorney-at-law, 13; — McKean's skill, 19, 56. 

Bayard. Hon. Thomas F., Dedication of the present work to, iii.; Intro- 
ductory letter from v.: — Oration on Caesar Rodney, 122, note, 131; — Col. 
John, 27, 28, 50. 

Bibliography of Thomas McKean, 123 ; — See App. I. 

Borden family, 15; — Bordentown, N. J., 16. 

Boston Port Bill, 20. 

Carpenter's Hall, 22, 28 ;— First prater in, 119. 

Chief Justice McKean, 54 ; — Noted cases, 57, 77; — On contempts, 78 ; — 
impeachable offences, 105. 

Cincinnati, Society of, 79, 109. 

Coat of arms, either none or spurious, 116 ; — Americanized arms, 1 17. 

Cobbett, William, 83; — His force as a writer, 84, note; Law-suits, 84; 
— Works quoted, 84-5-6-7, 01; — Opposes McKean's election, 85; — Leaves 
the country in consequence of his election, 87. 

Committee of Inspection and Observation, 24, 26, 27, 49, 73 ; — Of Cor- 
respondence, 24 ;— Of Safety, 25, 49 ;— Of Defence 1812, 107, 108. See Con- 
ventions. 

Congress, Stamp Act, 18; — Continental, 21 ; — McKean a member from 
Delaware, 22 ; — Delegates from Delaware, 22 ; — Itesolution of May 15th, 
26 ; — Declaration of Independence, history, 29 to 50 ; — Not the custom to 
sign resolutions, 41 ; — Fac-simile of two pages of the Journals, 39, 45 — 
Articles of Confederation, 24, 64. 65 ; — McKean elected President of Con- 
gress, 70 ; — Is succeeded by Mr. Hanson, 72. 

Constitution of Delaware written by Mr. McKean. 51 ; — Claim of George 

(133) 



134 



McKEAN FAMILY. 



Read refuted, 52 ; — Of the United States, McKean moves to ratify, 75 ; Com- 
mentary on by McKean and Wilson, 81. 

Controversies between Governor McKean and the Assembly, 89, 93, 94, 
98, et seq. 

Convention of Deputies at Carpenter's Hall, 28 ; — Constitutional Con- 
vention of Delaware, 1776, 46, 51 ; — Of Pennsylvania, 1789, 79; — To ratify 
Constitution of United States, 74. 

Cornwallis' surrender, anecdote, 71. 

Dallas, Alexander J., 95 note ; — Reports, 57 ; — Laws, 47, 66 ; — See Index 
of Name^. 

Declaration of Independence, 29 et seq.; — Preliminaries, 26, 28 ; — McKean 
votes for it, 29 ; — Sends express for Mr. Rodney and secures a unanimous 
vote, 29, 30 ; — McKean's services in favor of, 30 ;— How signed, 31 ; — Con- 
flicting statements of McKean, Jeiferson and Adams, 32-35 ; — Historians 
generally consider McKean's statements to be correct, 36 ; — Statements of 
later writers. Force, Bancroft, Winsor, Webster, Winthrop, Greene, Froth- 
ingham, Lossing, Hildrith, Stone, Read, Watson, Mrs. Morris, and Judge 
Chamberlain, 36, 37 ; — Popular but erroneous opinion that the Declaration 
.was signed on parchment July 4, 1776, 44 ; — Fac-simile of two pages of MS. 
Journals of Congress, 39, 45 ; — The printed journals inaccurate. Preface, 
viii, 37, 38 ; — Declaration probably not signed by any one on July 4, 1776, 
41-45 ; — The engrossed Declaration, 45 ; — Printed Journals, 45 ; — Fac-simile 
pf one page of MS. Journal, 45 ; — Anecdotes of signing, 45 ; — McKean the 
last to sign, 46, 47 ; — Early copies, 48 ; — Fac-similes of the engrossed parch- 
ment, 48, 132 ; — Names now nearly illigible, 49. 

Delaware, McKean in the Assembly, 15 ; — Speaker, 20 ; — A delegate in 
Congress, 22 ; — Resigns his seat, not accepted, 69 ; — List of Delaware dele- 
gates in Congress, 22; — Ratifies resolution of May 15, 1776, 28; — McKean 
compiles the laws relating to real estate, 20 ; — Writes constitution for, 51 ; 
— Claim of Mr. Read not substantiated, 52 ; — President McKinley taken 
prisoner, 63 ; — McKean becomes President, 63. 

Democratic party, originally called Republican, 85 ; — Its origin, 85, 87, 
95 ; — McKean's election its first triumph, 87 ; — Campaign songs, 88, 93. 

Duane, William, attack on, 83, 100, 105 ; — Opposes McKean, 83, 96 ; — 
His toast to McKean, 98 ; — His eulogy. 111, 114. 

Duche, Rev. Mr., his house purchased by McKean. 69. 

Engravings of Gov. McKean, 120. 

Fears of a British invasion, 107. 

Federalists oppose McKean's election, 85, 93, 96. 

Franklin's funeral, 79. 
, Georgia, dispute with South Carolina, 79. 

Governor of Pennsylvania, McKean's administration, 85 to 106-7. 

" Hail Columbia," its author a nephew of Gov. McKean, 86, 90. 

Handbill, fac-simile of theatre, 92. 

Hibernian Society, McKean a founder, 80, 109. 

High Court of Errors and Appeals, 68. 

Historical paintings, McKean figures in four, 118. 

Impeachment, attempted of Gov. McKean, 99-106 ; — Charges, 99 ; — 
Attempt fails, 101; — Virulence of Dr. Leib, 103, 105; — The Governor's 
replication, 102; — Refutes the charges, 102, 103 ; — A standard opinion on 
impeachable offences, 105 ; — Attempt to impeach the Supreme Court, 77 ; — 
McKean on contempts, 78 ; — Another attempt in 1804, 93 ; — John Anderson 
in H. R. United States, 78 note. 

Inspection and Observation, see Committee. 

Incidents, three remarkable, 72. 

Jay's Treaty, 81. 



INDEX OF PRIXCIPAL SUBJECTS. 



135 



Jefferson, Writes on Declaration Independence, 35 ; — Is mistaken on 
some points, 35, 30 ; — McKean contributes to his election, 95. 

Journals of Congress, Printed journals inaccurate, 37, viii ; — There are 
three MS. journals, 39 ; — Fac-similes ot two pages, 39, 45 : — Discrepancy 
with the Articles of Confederation, 65. See also 131. 

Lazaretto physician, 97, 99, 100, 102, 104. 

Lee's resolution, 29. / 

Leib, Dr. Michael, opposes McKean, 96, 98, 99 : — His virulence, 103, 105 : 
— Challenged by Thomas McKean, Jr., 98. 

Letters and writings of Thomas McKean, 121 ; — Referred to, 29, 30, 32, 
121 ;— Quoted, 32, 33, 47, 51, 60, 63, 64, 69, 88. 90, 109:— On contempts, 
78; — On impeachments, 105; — Remarks on Constitution of United States, 
76; — His replication, 102; — His works, 128. 

Little, Capt. John's company, 25. 

Loan office of Delaware, 17. 

McKean, Thomas, 13 et seq.; — Delaware Assembly, 15; — .Speaker, 20; — 
His marriage, 15, 21 ; — Stamp Act Congress, 18 ; — Continental Congress, 21 
et seq.; — Convention of Deputies at Carpenter's Hall. 28: — Votes for and 
signs Declaration ©f Independence, 29. 31 ; — Writes Constitution for Dela- 
ware, 51 ; — Chief Justice of Pennsylvania, 54 ; — President of Delaware, 63 ; 
— Signs Articles Confederation, 65 ; — High Court Errors and Appeals, 
68; — His residence, 69 ; — President of Congress, 70; — Attends conventions, 
28, 50. 74, 79 ;— Thrice Governor of Pennsylvania, 85, 93, 96-106 ;— A suc- 
cessful man and leader, 114 ; — His will, 115; — Works by him, 14, 61, 73, 
81, 128 ; See Appendix I., 125. His votes for Governor, 130. 

McKean's Laws, 47, 66, 73, 116, 128. 

McKean County, 109 ;— Street, 109. 

Meetings, public, May 20, 1776, 26;— Oct. 11, 1776, 50 ;— May 25, 1779, 
67, 68 ;— On Jay's treaty, 81 ;— To repel British invasion, 1814, 107. 
Middle Temple, 14. 

Mistakes and Discrepancies, Printed Journals of Congress, viii, 37 ; — 
Articles of Confederation, 65 ; — See Appendix II. 
Observation and Ins^^ection. see Committee. 

Pennsylvania. McKean Chief Justice, 54; — Dallas' Laws, 47 ; McKean's 
Laws, 73 ; — McKean Governor, 85, 93, 96 ; — Succeeded by Simon Snyder, 
106 : — Conflicts between the Governor and Assembly, 93, 99 ; — Constitu- 
tional Convention of 1789, 79 ; — Convention to ratify Constitution of United 
States, 74. 

Poetry, " Rodney's Ride," 30; — American Times, 63; — Cobbett's verses, 
85 ;— Meeting of May 24-25, 1779, 67, 08 ;— Campaign songs, 85, 93. 
Porcupine, Peter, 83 ; — See Cobhett. 
Portraits and historical paintings, 118. 
Presidential elector, 80, 82. 

Read, George, delegate from Delaware, 22 ; — Votes against Declaration 
of Independence, 29 ; — Claim to have written (Jonstitution of Delaware not 
proved, 52, 53, 54 ; — -'Gath " says he skulked, 30. 

Removals, (Jov. .McKean's, 88, 91; 98 ;— Justification thereof, 91, 92. 

Republican, early name for Democratic, which see, 85. 

Residence, McKean's. 69, 71, 93. 

Resolution of 15th of May, 26, 28, 29. 

Review of French and American armies, 71. 

Roberdeau, Gen. Daniel, 25, 20, 27, 42, 50, 67, 68. 

Rodney, Caesar, Delegate from Delaware, 22, 23 ; — Publishes liaws of 
Delaware, 14 ; — Rides express to Piiiladelphia to vote on the Declara- 
tion, 29, 31, 33 ; — " Rodney's Ride," 30, 130 ; — Monument to, and address 
by Hon. Thomas F. Bayard, 122 note, 131. 



136 



McKEAN FAMILY 



Safety, See Committee of. 

Sanderson's Lives of Signers, 13; — See Appendix I, 125, 129. 
Signers of the Declaration, bibliography, 125-6. 
South Carolina, boundary dispute with Georgia, 79. 
Stamp Act Congress, 18 ; — McKean the last survivor, 19. 
Supreme Court Pa., see Chief Justice. 
Tea Act, 20. 

Thompson, Gen. William, difficulty with Mr. McKean, 67. 
University of Pennsylvania, trustee, 108. 

Vice President of the United States, Mr. McKean declines to become. 

Wain, Robert, Jr., Biographer of Thomas McKean, 13. 

War Measures, July, 1776, 49. 

Whiskey Insurrection, 80. 

Williams' company, Capt. Richard, 14. 



r 



f 



J 



